MEMBERSHIP AGREEMENT
"Let's Grab a Drink!"™
www.letsgrabadrink.com
"Concept Simple, Membership Simple, Potential Great!"™
Membership limited to adults age 21 and over
This is your membership agreement allowing you to use the services of "Let's Grab a Drink!"™. To become a member, simply click on the "I accept" icon below. As a member you have the rights and obligations set forth in this agreement.
TERMS
ABOUT "LET'S GRAB A DRINK!" AND IT'S SERVICE.
We provide an online service that allows members to meet each other for a meeting over a quick drink or two in a setting that both members are comfortable with, without a significant time or financial cost. We believe that the opportunity to meet someone over a drink, in a comfortable, relaxed setting, will allow the members to decide if there is a basis for a continuing relationship after a drink.
WHAT WE DO
Through personal information furnished by members, we compile and maintain a membership list containing basic information about members, including their beverages of choice. We may recommend a Meeting Space of the month but the meeting locations are determined solely by the members. We categorize/organize members primarily by their beverage preferences.
As a member, you provide the information and other members have access to members' information. This will allow you to determine if they feel it is appropriate to grab a drink with a member. With the contact information, members may contact each other via e-mail for preliminary determinations and appropriateness of meeting at a location to be mutually agreed upon. Your personal email address is never revealed as we use a third party email address to send messages to and from members.
We obtain the membership information, compile the information, update the information as we deem necessary and make the information available to all members. Our membership enrollment form is attached, which may be changed from time to time. To access the online service and to meet members, you will be given a password after payment is confirmed.
WHAT IT COSTS TO BECOME A MEMBER
The membership fee schedule follows:
$25.00 One-month membership
$50.00 Three-month membership
$80.00 Six-month membership
We reserve the right to change the fee at any time and to offer promotional rates from time to time to new members and existing members.
As a member you will have unlimited access to our online site and our membership lists and the data provided to members.
You pay for your membership with a credit card. The credit card information will be kept completely private and confidential and not accessible to anyone except our staff for payment purposes. Your membership will be effective upon verification from your credit card that payment has been made.
REFUND CANCELLATION POLICY
If we terminate your membership because of your failure to comply with your obligations, no refund of membership fees will be made. If you terminate your membership and have complied with our membership obligations, we will issue a pro rata refund of fees according to our formula on our website on the link entitled "refund policy". As a general rule, subject to the "refund policy" on the link, you may cancel your membership at any time for any reason and we will immediately generate a pro rata credit to your credit card account.
AUTOMATIC RENEWAL POLICY
You have the right to terminate your membership agreement at the end of any membership period for any reason. If you do not terminate your membership, your membership will automatically renew based on the following terms.
- Free membership offers. In the event we offer a free membership program which you select, e.g. 30 days initial membership free, you will automatically be renewed as a member for that same period at our regular fee for that period and repeated periods thereafter, until you terminate your membership.
- Regular memberships. If you have selected a regular membership (i.e. one month, three months, or six months) your membership will automatically renew for the same membership period you have selected (or converted to).
- All renewal memberships will be subject to the membership agreement as may be amended from time to time.
- By providing us your charge card information and authorization to charge your account for a membership period (if any), you expressly authorize us to process a charge to your charge account for the fees applicable to the renewal period.
- We are in the process of implementing notification procedures for our automatic renewal program, of which you will be notified on our website. These notification procedures, when adopted will become part of your membership agreement.
WHAT YOU DO
By becoming a member you agree to do the following:
- Complete an enrollment form and furnish any additional information we may request from time to time.
- Provide and certify that honest information about yourself is furnished on the enrollment form.
- Certify that you are at lease 21 years old.
- Certify that you are a single person.
- Guaranty payment of the membership fees for the membership period you select and further agree to pay our collection costs including attorney's fees if your fees are not paid for any reason.
- Certify that your credit card information is accurate, complete and valid and that you are an authorized user of the charge card.
- Authorize us to process payment with your credit card company.
- Certify that you have not been convicted of a felony or a felony level crime or of a lesser crime involving harm or injury to another person including crimes involving sexual allegations.
- You will not use our service to:
- upload, post e-mail, or otherwise transmit postlinks to any content or select any user name, member, or e-mail address that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy rights, hateful or racially, sexually, ethnically, or otherwise objectionable, upload, post e-mail, otherwise transmit postlinks to any content that promotes illegal activity, upload post e-mail or otherwise transmit postlinks to any content that exploits the images of children under the age of eighteen, or that discloses information belonging to children under eighteen years of age.
- Make any sexual requests on behalf of a minor or make any sexual requests of a minor.
- Stalk or otherwise harass another.
- Collect or store personally identifying information about other users, other members, for commercial or unlawful purposes.
- Impersonate any persona or entity, including but not limited to any "Let's Grab a Drink!" personnel or official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload, post, e-mail, or otherwise transmit content that infringes any intellectual property.
Upload, post, e-mail or otherwise transmit or post e-mail to any unsolicited or otherwise unauthorized advertising or promotional materials.
- Use unauthorized means including spiders, robots, crawlers, or the like to download data from the "Let's Grab a Drink!" database.
- Modify, publish, transmit, transfer, or sell, reproduce, creative derivative works from our website, database, or trademarks or in any way exploit any content from the "Let's Grab a Drink!" database.
- Sell, distribute or make any commercial use of data obtained from the "Let's Grab a Drink!" database.
- Abide by our rules and regulations as may be amended from time to time.
- Be responsible for your conduct and for the cost incurred in your meeting, including the payment of beverages. Unless otherwise agreed, we recommend that the first meeting and beverages consumed be paid on a "dutch" basis (each member paying for his or her own drinks and food items, if any).
- Not let anyone else use your password for the service of "Let's Grab a Drink!" whether for a fee or for free. If we discover that a non-member is using your password, your membership will be terminated and your fees forfeited.
- You consent to our use of your photographs and other media representations of yourself you submit, for such purposes including advertising and other commercial purposes, as we choose to use without compensation. You may be asked to sign a separate consent form and will do so, however such a form is not necessary to validate your consent already given in this agreement.
MOST IMPORTANTLY
You understand and agree that "Let's Grab a Drink!" is only providing a membership information exchange service from the information furnished by members. "Let's Grab a Drink!" cannot and does not verify, investigate, or represent that any information furnished by members is accurate, correct, or can be relied upon by other members. You are solely responsible for verification of such information to make an independent decision to contact and meet with any member after you make reasonable inquiry to determine if a meeting is appropriate. You acknowledge that you may be meeting a person in a setting in which alcoholic beverages are served and you are aware of the potential increased risk of such situations over which "Let's Grab a Drink!" does not have any control.
This means that if you decide to meet a member after using our service, you are on your own, and cannot make a claim against us regardless of what happens as a consequence of that meeting. You will have to pay or reimburse us for any claims you make or may have made against you. You agree to hold "Let's Grab a Drink!" and its officers, employees, and members harmless and indemnify them from any and all breaches of your certifications and from any and all claims of any nature you have or may have from using our service and from any and all claims that may be made against you or against you and us from any other member or any other person. We have prepared a "Safe Dating Tips" checklist under the tab" Dating Tips", which you should review, although you probably follow these common sense precautions already.
GENERAL TERMS
- Your membership is personal to you and cannot be transferred, used, or assigned to any other person.
- You agree that any claims you have against us, or any claims we have against you, must be litigated exclusively in Hennepin County District Court, State of Minnesota, and that no other court has jurisdiction over such claims. Further, such claims must be made within six months from any alleged incident or event giving rise thereto but in no event later than six months after the date of your termination as a member.
- You agree that "Let's Grab a Drink!" and its service belongs to us and you will not attempt to use our rights or concepts or proprietary information in any manner except as a member.
- We reserve the right to terminate you as a member for any breach of this agreement by you, in which case your membership fees will not be refunded. We further can delete your membership information and your access to our site if you are terminated.
- Warranties.
- THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
- Confidentiality. With the exception of the information provided to other Registered Users pursuant to the terms of the Service and as provided in the Company's privacy policy or below, the Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. If you choose to accept any offers from third-party advertisers made through you, the Company may supply the advertiser with information you provided to Company, including billing information. For additional information about the collection and possible use of information provided by you, please click on the Privacy Policy link that appears at the bottom of the home page for this web site.
- Limitation of liability.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
- The Company is not providing any initial screening. We will examine the content to determine if anyone has placed any pornographic photos and we will have a "filter" that will catch many inappropriate words and the member will be asked to replace those words caught by the filter. The Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE COMPANY 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, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
- Right to Modify. "Let's Grab a Drink!" reserves the right to modify, amend, and change the terms and conditions of this agreement at any time, however, will notify its members of such via the notice posted on our website.
I HAVE READ AND UNDERSTAND THIS MEMBERSHIP AGREEMENT WHICH I UNDERSTAND HAS LEGAL OBLIGATIONS. I UNDERSTAND THAT AS A CONDITION OF BECOMING A MEMBER I MUST AND DO HEREBY AGREE TO THE TERMS AND CONDITIONS THEREOF BY CLICKING ON THE ACCEPT BUTTON BELOW.