These are the Terms and Conditions (the “Terms”) that apply to your paid subscription (“Subscription”) to EYESPYU to conduct continued investigation and surveillance services of user profiles created and posted to online dating websites (the “Service”). Services will be provided to you for the period agreed to by you and will continue to renew for additional terms of the same length on the same billing terms until cancelled, terminated or discontinued by you or by us. Please keep this copy of the Terms for your records
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR OUR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. DO NOT USE OUR WEBSITE OR SERVICE IF YOU DO NOT AGREE WITH THESE TERMS. EYESPYU PROVIDES YOU WITH, AND YOU AGREE YOU HAVE RECEIVED, AN EXPRESS OPPORTUNITY TO ACCEPT AND DECLINE THESE TERMS AND CONDITIONS AND TO CORRECT ERRORS BEFORE YOU ENTER INTO AN AGREEMENT WITH EYESPYU FOR THE SERVICE. BY CLICKING “I AGREE” YOU AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE LIMITS ON OUR LIABILITY AND AGREE TO CAUSE ALL PERSONS WHO USE THE SERVICES OR RECEIVER UNDER YOUR ACCOUNT TO COMPLY WITH THIS AGREEMENT.
2. CHANGES IN TERMS AND SERVICE
These Terms (including any rates and charges) may be changed unilaterally by EYESPYU from time to time on at least thirty (30) days’ notice to you, and such changes shall become effective once you use the Service after such thirty (30) day period (which use shall be deemed conclusively to indicate acceptance of such changes).
If we make any changes, we will either post a notice on our website that these Terms have changed and the effective date of such change, provide you a notice describing such changes and their effective date, or we will send you an entirely new set of Terms to replace these Terms. YOU ALWAYS HAVE THE RIGHT TO CANCEL YOUR SUBSCRIPTION AT ANY TIME IF THE TERMS ARE NOT ACCEPTABLE TO YOU.
3. PAYMENT FOR SERVICE
In return for receiving the Service, you agree to pay us as follows:
a) Subscription Fee.
All Subscription fees are payable in advance at the rates in effect at the time of payment, for any Service ordered through all periods until your Service is cancelled. You will be responsible for all Subscription fees, other charges and fees and purchases under your account.
You must pay all fees and taxes in Canadian dollars by credit card/Paypal. The outstanding balance is due in full each payment period. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding charges on your account. If you wish to dispute any charge, you must contact us at Customer Care within 45 days after the due date of the payment in question: OTHERWISE YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE. Undisputed portions of your account must be paid by the due date to avoid a late fee and possible deactivation of the Service.
c) Automatic Renewal.
Services are provided as paid subscriptions. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please contact Customer Service to opt out of automatic renewal of your purchase or cancel/amend on your Paypal account. If you opt out of automatic renewal after your purchase, you may use your subscription until the end of your then-current subscription term; Your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred or assigned to any other account or person. By subscribing, you authorize EyeSpyU to bill the credit card you provided now and again at the beginning of any subsequent subscription period.
You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the service address on your account.
e) Change of Address or Credit or Charge Card Information.
You must notify Customer Care promptly of any change in your name, billing address, service address, e-mail address, telephone number or credit or charge card information. That email address is: [email protected]
4. USE OF SERVICE
You must be at least 18 years old (or the age of majority as determined by the laws of your province of residency) to assume the obligations set forth in these Terms.
b) Services provided in relation to:
Searching the top ten international on-line dating websites as chosen by EYESPYU.
In your use of the Service it is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense. All actions and judgments taken with respect to the Service are your sole responsibility. You assume the entire risk related to your use of the Service.
5. SUSPENSION AND CANCELLATION
a) Your Cancellation.
You may cancel your Subscription at any time by notifying Customer Care, but we may require up to 30 days notice from you before such cancellation becomes effective. All payments made for your Subscription are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded. Paid Memberships and/or Paid Features cannot be transferred to any other account.
b) Our Cancellation.
We reserve the right to cancel your Service at any time if you fail to pay amounts owing to us when due, violate or breach any of these Terms, or for any other reason in our sole discretion. If your Service is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein.
7. LIMITS ON OUR RESPONSIBILITY
YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
EYESPYU PROVIDES ON-LINE INVESTIGATIVE SERVICES FOR ON-LINE PERSONAL DATING SERVICES AND FORUMS FOR DISCUSSION AND COMMENTARIES. EYESPYU DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THOSE WEBSITES OR FORUMS. DUE TO THE NUMBER OF SOURCES EYESPYU OBTAINS INFORMATION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THOSE SERVICE OPERATED BY THIRD PARTIES OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL EYESPYU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE EYESPYU’S PROVISION OF SERVICES, AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER EYESPYU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY CANADIAN DOLLARS ($50.00).
EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S)
In order to expedite and control the cost of disputes, you agree that any legal and/or equitable claim (a “Claim”) relating to the Service or these Terms will be resolved as follows:
a) Informal Resolution.
We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 10 ((d)) for at least 60 days after one of us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by registered mail to the address at the beginning of these Terms. If EYESPYU initiates a Claim, we will send our notice to the service address on file with us.
b) Formal Resolution.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms; (b) oral or written statements, advertisements or promotions relating to these Terms (c) the relationships which result from these Terms (including relationships with third parties who are not signatories to these Terms) (collectively the “Claim”), will be referred to and determined by arbitration (to the exclusion of the courts), where applicable. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.
If you have a Claim you should give written notice to arbitrate to us at the address at the beginning of these Terms. If we have a claim we will give you notice to arbitrate at your address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.
c) Binding Effect.
In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. A court may sever any portion of this Section 10 that it finds to be unenforceable.
Notwithstanding the foregoing, any:
– dispute over the validity of either party’s intellectual property rights or our licenses to operate our business; and
– Claim based on Section 10(b) above;
may be decided only by a court of competent jurisdiction. Nothing in these Terms shall affect our ability to terminate your Service for non-payment of amounts owed to us when due. Furthermore, nothing in these Terms will prevent us from bringing an action in a court of competent jurisdiction in order to collect any unpaid amounts.
Notices to you will be deemed given when deposited in the mail or when sent by e-mail. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the address (regular or e-mail) or telephone number set forth at the beginning of these Terms.
b) Applicable Law.
The interpretation and enforcement of these Terms shall be governed by the laws of Canada and the province in which you reside applicable therein. These Terms are subject to modification if required by such laws.
These Terms make up our entire agreement relating to your Service. No salesperson or other representative is authorized to change it for you, although EYESPYU may modify it without prior notice to you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of these Terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed.
Last updated on April 8, 2015.
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