Effective date: ______day of _____ 2021
IMPORTANT LEGAL NOTICE;
BY ACCESSING, VIEWING OR SUBSCRIBING TO THE SERVICES OFFERED ON THIS APP, YOU ACKNOWLEDGE AND AFFIRM THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU CONSENT TO VIEW SEXUALLY EXPLICIT MATERIAL AND WAIVE ANY FUTURE RIGHT TO TAKE LEGAL ACTION AGAINST BREAKAWAY ONLINE INC., BASED UPON YOUR ACCESSING THIS MATERIAL. YOU FURTHER AGREE NOT TO ALLOW MINORS UNDER 18 YEARS OLD TO VIEW OR OTHERWISE USE THIS SITE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY VIOLATION OF THE TERMS PROVIDED HEREIN IN THIS AGREEMENT. YOU UNDERSTAND THAT THE SITE MAY CONTAIN SEXUALLY EXPLICIT INFORMATION AND/OR IMAGES. YOU AGREE THAT IF ANY MATERIAL ON THIS SITE IS OFFENSIVE IN ANY WAY, YOU WILL IMMEDIATELY STOP YOUR USAGE OF THE SEXUAL FREQUENCY APPLICATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, BREAKAWAY ONLINE INC., SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, INJURIES, EMOTIONAL OR MENTAL HARM OR OTHER LOSS OCCASIONED BY THE IMPROPER ACCESS BY AN INDIVIDUAL UNDER THE AGE OF 18 YEARS OLD.
BY SIGNING UP TO USE THE APP OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND YOU ARE PROPER NOTIFICATION OF SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL BE RECORDED ON OUR DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.
Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.
The SEXUAL FREQUENCY application is owned, managed, and operated by BREAKAWAY ONLINE INC., a Company duly incorporated under the laws of Toronto, Ontario Canada, with its principal place of business address at 7700 Pine Valley Dr, Box 56529 Woodbridge, ON L4L 2X0. The application is designed in such a way to remind Users to have a sex life and to educate the Users on how to act and improve upon it. The application is hosted on Amazon Web Services and we use Twilio for notifications.
We have designed the app for ease of convenience. The SEXUAL FREQUENCY Application can be accessible via the Google PLAYSTORE for Mobile Android devices and the Apple PLAYSTORE for IOS mobile devices. We advise that you use a device that is applicable with the software version.
To get started, you will be required to download the application and install on your device. Once the app is downloaded it will request to access your phone contacts. You can select persons from your phone contacts and send them a request to join the app. Such request is sent through the WHATSAPP Messenger Application. When the invite is sent, the invitee shall have the option to reject or accept the invite. When a User’s Invite is accepted by the invitee a date and time can be set as a reminder for the Users to “get together”.
Basically, the SEXUAL FREQUENCY app can be used for married couples, dating couples, or just 2 friends who might wish to have a thing.
One distinguishing feature of the app’s functionality is the ability to make purchases. The Ecommerce feature on the SEXUAL FREQUENCY Application is a sexual and wellness adult romance online store, carrying a wide selection of sex toys for men & women, condoms, lubricants, lingerie, bondage wear, bachelorette, gifts & everything you could think of for a sensual sexual experience. We have provided our Users with this option of purchasing sex toys at which time we will collect your names, credit card information, shipping and billing address.
The app also has categories for suggested sexual positions and sex games Users can play should they choose to activate this option.
When you make use of the services provided on the application, you as a user is solely responsible for setting reminders and information to other users you communicate with when you use the service. Our sole responsibility is the management of the App’s functionality; therefore, we will not be liable to you in any way for any loss or damage that might arise from your use of this service.
In connection with your use of the SEXUAL FREQUENCY Application, you agree and acknowledge;
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by SEXUAL FREQUENCY APP via (our “Website”);
(b) The downloading and Installation of the SEXUAL FREQUENCY APP Mobile Application (IOS or ANDROID) on your smartphone.
(c) The Order, Shipping & Delivery, Return & Refunds of any adult romance toys and sexual & wellness products ordered from the App.
To use and enjoy the services we provide, we require you to register an account with us. You would be required to download the SEXUAL FREQUENCY APP Mobile Application on your device (IOS, ANDROID, and or WINDOWS).
Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
Content For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by SEXUAL FREQUENCY APP, our Affiliates or our licensors.
Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with SEXUAL FREQUENCY APP’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to SEXUAL FREQUENCY APP or its licensors for violation of intellectual property rights.
Trademarks or service marks of SEXUAL FREQUENCY APP include, but are not limited to, SEXUAL FREQUENCY APP™ and the SEXUAL FREQUENCY APP logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of SEXUAL FREQUENCY APP or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of SEXUAL FREQUENCY APP, our Affiliates or our licensors.
Site Use SEXUAL FREQUENCY APP grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of SEXUAL FREQUENCY APP, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. SEXUAL FREQUENCY APP reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.
We may update the Software from time to time, at our sole discretion. The update may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide you with the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. These updates and new features may include additional terms that you will have to agree to.
You further agree not to use the Services to:
(a) Upload, post, email, transmit or otherwise make available any Content that is unlawful (e.g., prostitution), harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) Harm minors in any way or commit abuse;
(c) Impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(e) Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
(g) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
(h) Upload, post, email, transmit 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, hardware, networks or telecommunications equipment;
(i) Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users’ or members’ ability to engage in real-time exchanges;
(j) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
(k) Violate any applicable local, state, national or international law;
(l) Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Canadian government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(m) “stalk” or otherwise harass another person or user or member;
(n) collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information; or
(o) Disclose any telephone numbers, street addresses, last names, URLs or email addresses in any user or member profile that you create.
When you use the Services through the App, then SEXUAL FREQUENCY APP grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:
The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and SEXUAL FREQUENCY APP only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and SEXUAL FREQUENCY APP (which is not an App Distributor) is directly responsible for the App and the App Content thereof.
SEXUAL FREQUENCY App Account holders may access the following services in our free-to-download Application:
(i) Free Limited Subscription: Free-of-charge access which gives limited access to our Content (as defined below). It starts after the cancellation upon renewal of the Introductory Free Trial Subscription or any Paid Subscription and can be upgraded at any time to a Paid Subscription with a Purchase. The User can also start this Free Limited Subscription directly, skipping the Introductory Free Trial Subscription.
(ii) Introductory Free Trial Subscription: Free-of-charge access which gives full access to our Content during the Free Trial Subscription period.
By initiating the Introductory Free Trial Subscription, the User authorizes that the renewal Subscription Fees, if any, shall be charged on the credit card associated to its Apple Store or Google Play account. No Subscription Fees will be charged during the term of the Introductory Free Trial Subscription.
Please note that the Introductory Free Trial Subscription will automatically renew for an annual period, at the rate in effect at the time of renewal for the standard annual Subscription until you cancel your Subscription. By agreeing to these Terms, you acknowledge that your Subscription has recurring payments and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or SEXUAL FREQUENCY App in accordance with these Terms.
You may cancel your Introductory Free Trial Subscription at any time and at least twenty-four (24) hours before its renewal date according to the instructions provided below. The cancellation will be effective at the end of the then-current Subscription period, so you will continue benefiting from our free Services until the end of your Introductory Free Trial Subscription period.
(iii) Paid Subscription: Subscription-based access, which gives full access to our content once you purchase a Subscription (the “Purchase”) while it is active and subsisting. Paid Subscriptions can be available for monthly, quarterly and/or annual periods. You can find all relevant information about pricing and subscription terms in the Apple Store, Google Play and on our Site.
When you purchase a Subscription, you expressly authorize that the price, rates and any applicable taxes shall be charged on the credit card associated to your Apple Store or Google Play account. Moreover, when clicking on the purchase button, you represent and warrant that you have the legal right to use the elected payment method and authorize to provide your payment information to third parties, so the Purchase can be completed. We reserve the right to not process or to cancel your Purchase in certain circumstances (if your credit card is declined, if we suspect of a fraudulent Purchase, or in similar circumstances whenever SEXUAL FREQUENCY App deems appropriate). We also reserve the right to verify your identity before completing the Purchase.
You agree that your Purchases are not contingent on the delivery of future functionalities nor dependent on any oral or written public comments made by SEXUAL FREQUENCY App regarding its future features.
To the extent permitted by law and with the exceptions expressly foreseen in these Terms, all Purchases made by the User are considered final, thus SEXUAL FREQUENCY App will not provide refunds of any Subscription Fees once the Purchase of the Subscription or any of its renewals have been made.
Please note that your Subscription will automatically renew for an additional period equal in length to the expiring Subscription until you cancel your Subscription. By agreeing to these Terms and electing to make a Purchase, you acknowledge that your Subscription has recurring payments and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or SEXUAL FREQUENCY App in accordance with these Terms.
You may cancel your Subscription at any time and at least twenty-four (24) hours before any renewal date via the Subscription section on Apple Store and Google Play. Uninstalling the Application will not stop your subscription. Please note that such cancellation will be effective at the end of the then-current Subscription period. Accordingly, you will not receive a refund for the fees you already paid for your current Subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
SEXUAL FREQUENCY App reserves the right to change its pricing terms for Subscriptions at any time, notifying it to you in advance of such changes becoming effective. Changes to the pricing terms will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to SEXUAL FREQUENCY App’s pricing terms, then you may choose not to renew your Subscription.
(b) MODE OF PAYMENTS
Acceptable mode of Payments for transactions on the Application shall be done via PayPal & credit cards – VISA, MasterCard, AMEX, and DISCOVER. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.
(c) PRICING AND AVAILABILITY
All prices shown via the Services are in Canadian Dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.
We will collect applicable sales tax on Products shipped to the Canada and the United States for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
(e) SHIPPING AND HANDLING
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
As a rule, delivery time is 2 to 5 working days after shipping the order. However, this might take longer as a result of the inconveniences of the ongoing COVID – 19 pandemics. We will not be liable to you in a situation where delivery of your products to you takes longer than necessary.
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so will not affect your legal rights.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that they arrive in a good condition and in the design that you have provided us to build for you.
Orders of any adult romance toys and sexual & wellness can be placed 24 hours a day, seven days a week via the SEXUAL FREQUENCY APPLICATION. You will be notified via your registered email when your order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.
(h) RETURNS AND REFUNDS
All Transactions and purchases of any adult romance toys and sexual & wellness products made on the SEXUAL FREQUENCY APP is final. We offer no return and exchange unless it can be clearly shown that the product shipped is defected.
(i) Damaged in shipment
If you receive your product and it has been damaged during shipment, please email us at [email protected] within 14 business days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
(ii) Important conditions for return
Please note that you can only return a product if it is defective. The product returned shall be inspected on its receipt. Please ensure that the following conditions are fulfilled before returning the product:
– The product shall be in unused and original condition;
– You shall inform about the return of the product to us within a period of 10-15 business days;
– You shall not accept any open box deliveries;
– The return package shall include everything that arrived with the package when you made the purchase, including price tags, labels, original packing, freebies & accessories, invoices/warrantee cards and other documentation.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the App.
Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to SEXUAL FREQUENCY APP or to any feature available therein. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.
The Website may provide links to external Internet sites. SEXUAL FREQUENCY APP hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. SEXUAL FREQUENCY APP shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
All right, title and interest in and to SEXUAL FREQUENCY APP, any related features and/or services and any derivatives thereof improvements and modifications thereto, including associated intellectual property rights, evidenced by or embodied in and/or attached/connected/related to SEXUAL FREQUENCY APP or any related features and/or services, are and will remain owned solely by us or our licensors. These Terms do not convey to you an interest in or to SEXUAL FREQUENCY APP, but only a limited right of use in accordance with the terms herein. Nothing in these Terms constitutes a waiver of our intellectual property rights under any law. The license granted to you herein is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by us regarding future functionality or features. You acknowledge and agree that the technology manifested in the operation of the Software constitutes our and our suppliers’ valuable trade secrets and know-how and to the extent you discover any such trade secrets, you will not disclose them to any third party. Any disclosure or unauthorized use thereof will cause us irreparable harm and loss.
You hereby represent and warrant that: (i) you will only use SEXUAL FREQUENCY APP as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using SEXUAL FREQUENCY APP; (iii) you will not use SEXUAL FREQUENCY APP for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using SEXUAL FREQUENCY APP.
SEXUAL FREQUENCY APP IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) SEXUAL FREQUENCY APP WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF SEXUAL FREQUENCY APP WILL BE UNINTERRUPTED; OR (III) SEXUAL FREQUENCY APP IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SEXUAL FREQUENCY APPIS TO UNINSTALL AND CEASE USE OF ALL SEXUAL FREQUENCY APPPRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support SEXUAL FREQUENCY APP, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of SEXUAL FREQUENCY APP and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 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 OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF SEXUAL FREQUENCY APP OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE SEXUAL FREQUENCY APP UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS 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 OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF SEXUAL FREQUENCY APP.
You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of SEXUAL FREQUENCY APP; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
You agree that any disputes between you and us will be resolved by binding, individual arbitration, in the Province of Ontario, Canada, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
The Site is intended for the enjoyment of residents of Canada and we control and operate it from our offices in the Province of Ontario, Canada. Visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of Canada and the laws of the Province of Ontario. We do not represent that materials on the Site are appropriate or available for use in other locations.
The Services are made available for your personal, non-commercial use. You will not advertise or solicit any user or member to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member. If you breach the terms of this subsection and/or send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at [email protected], and we will make an effort to reply within a reasonable time-frame.