**Foxy Singles is an advertising service made available to online dating service providers ("Third Party Providers") that want to provide users with an opportunity to subscribe to the products and/or services as featured on this website ("Featured Products"). Please be advised that this website does not itself provide the Featured Products. All forms and applications are subject to the sole and exclusive review of the applicable Third Party Providers. The applications for the Featured Products are hosted by, or available through, the applicable Third Party Provider websites. The privacy policy of each Third Party Provider may differ from that of this website, and such privacy policies should be reviewed by users as soon as they are redirected to the applicable Third Party Provider websites.
This site provides you with the services of matching your profile preferences with the products and/or services of Third Party Providers only and is not acting as a representative, agent, or correspondent for any of our service providers. This site does not endorse any particular service, service provider, or product. You are under no obligation to use this site's service to initiate contact, or subscribe for any of the services available through any third party providers. Foxy Singles does not guarantee that completing an application form will result in your being matched with a service provider or being offered a product or service with satisfactory results or terms. There is no charge for you to use this site's service. This site contracts with several independent service providers.
Foxy Singles Terms and Conditions
Thank you for visiting foxysingles.com (the "Site"). The Site is an Internet property of RedWillow Media Inc. and its affiliated companies ("Red Willow," "we" or "us"). By using and/or accessing the Site, you agree to comply with and be bound by the following Terms and Conditions ("Terms and Conditions"). The Privacy Policy ("Privacy Policy") and any and all other applicable Red Willow operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form.
1. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under eighteen (18) years of age. If you are under eighteen (18) years of age, you do not have permission to use and/or access the Site, unless otherwise authorized in writing by Red Willow.
2. Acceptance of Agreement. You agree to the terms and conditions set forth in the Agreement with respect to your use of the Site when you access the Site. The Agreement constitutes the entire and only agreement between you and Red Willow with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By continuing to use the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
3. Description of Site. The Site provides users with an opportunity to apply for certain products and/or services ("Featured Products") as offered by Red Willow third-party service providers (the "Third Party Providers"). Please be advised that Red Willow does not itself provide the Featured Products, and the ultimate terms and conditions of any Featured Products, or other product or service, provided by one of its Third Party Providers will be determined by such entities. To qualify to receive Featured Products, you must first fully complete the profile form located at the Site ("Site Application"), as well as the application/subscription form set forth on the Site of the applicable Third Party Provider ("TPP Application" and together with the Site Application, the "Application"). The information that you must supply on the Site Application shall hereinafter be referred to as the "Site Registration Data".
Upon entering your Site Registration Data and clicking on the "Submit", "Begin Search" or any other applicable button to advance through the process of providing you with the services, your Site Registration Data will be redirected to the applicable Third Party Provider. The information that you must supply on the applicable TTP Application shall be determined by the applicable Third Party Provider (the "TPP Registration Data" and, together with the Site Registration Data, the "Registration Data"). TTP Application approval, and the ultimate terms and conditions of any product or service provided by one of our Third Party Providers, will be determined by that entity. Red Willow will verify and approve all completed Site Applications, and the associated Registration Data, in accordance with its standard verification procedures. You agree to provide true, accurate, current and complete Registration Data. Red Willow and the applicable Third Party Provider each have the right to reject any Registration Data where it is determined, in the sole and exclusive discretion of Red Willow and the applicable Third Party Provider, that: (i) you are in breach of the Agreement; and/or (ii) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. Red Willow and the applicable Third Party Provider each may change the Registration Data criteria at any time, in their sole discretion.
Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Red Willow is not responsible or liable in any manner whatsoever for your inability to use and/or qualify for the Featured Products and/or any associated functionality. You understand and agree that Red Willow shall not be liable to you or any third party for any modification, suspension or discontinuation of any product, service or promotion offered by any of Red Willow's Third Party Providers. If Red Willow terminates the Agreement, Red Willow shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with Red Willow.
4. Privacy Policy. Use of the Site, and all comments, feedback, information, Registration Data or materials that you submit through or in association with the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy. To view our Privacy Policy,
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5. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Red Willow may terminate this license at any time for any reason. You may use the Site on one computer for your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. Red Willow reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Red Willow infrastructure. Your right to use the Site is not transferable.
6. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Red Willow is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by Red Willow does not constitute a waiver of any right in such information and/or materials.
7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site without prior notice to you.
8. Legal Warning. Any attempt by any individual, whether or not a Red Willow customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of this Agreement and Red Willow will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
9. Indemnification. You agree to indemnify and hold Red Willow, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or Featured Products; (b) your breach of the Agreement; (c) any dispute between you and a Third Party Provider; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Red Willow, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. Disclaimer of Warranties. THE SITE, ANY FEATURED PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, RED WILLOW MAKES NO WARRANTY THAT: (A) THE SITE, ANY FEATURED PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE, ANY FEATURED PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR FEATURED PRODUCTS OR SERVICES FROM ANY OF OUR THIRD PARTY PROVIDERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR FEATURED PRODUCTS AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR FEATURED PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RED WILLOW WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OR THE SITE OF ANY THIRD PARTY PROVIDERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED WILLOW, ANY OF ITS THIRD PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
11. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RED WILLOW SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RED WILLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY FEATURED PRODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (C) THE FAILURE TO QUALIFY FOR FEATURED PRODUCTS FROM ANY OF OUR THIRD PARTY PROVIDERS, OR ANY SUBSEQUENT DENIAL OF FEATURED PRODUCTS FROM SAME; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE, ANY FEATURED PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE RED WILLOW AND ALL OF RED WILLOW'S THIRD PARTY PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF RED WILLOW TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE ONE HUNDRED DOLLARS ($100.00). YOU HEREBY RELEASE RED WILLOW FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RED WILLOW. THE SITE, ANY FEATURED P RODUCTS THAT YOU MAY RECEIVE FROM ONE OF OUR THIRD PARTY PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
12. Third Party Websites. The Site may provide and/or refer you to other Internet websites and/or resources including, but not limited to, online dating websites operated by Third Party Providers. Because Red Willow has no control over such third party websites and/or resources, you hereby acknowledge and agree that Red Willow is not responsible for the availability of such third party websites and/or resources. Furthermore, Red Willow does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
13. Miscellaneous. The Agreement will be interpreted, construed and governed exclusively in all respects in accordance with the laws of the Province of British Columbia, Canada, excluding its conflict of law rules and the United Nations Convention on Contracts for the Sale of International Goods. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree and irrevocably attorns and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia with respect to any dispute arising as a direct or indirect consequence of this Agreement. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Red Willow and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements between you and Red Willow. To the extent that anything in or associated with the Site and/or any Red Willow offering is in conflict or inconsistent with the Agreement, the Agreement shall prevail and take precedence. The failure of Red Willow to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by one or both of the parties of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a party to enforce each and every such provision thereafter. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
14. Contact US. If you have any questions regarding the Agreement, or would like more information from us, please
CONTACT US
