1. SERVICES TO BE PERFORMED: Video Introductions (hereafter referred to as V.I.) agrees to provide the following: a. A Member Profile and a Partner Compatibility Questionnaire are made available for client to complete. b. Upon completion of the Member Profile and Partner Compatibility Questionnaire, information from the profile and information derived from the questionnaire are displayed for relationship enabling purposes. c. Client's unlimited review of Member Profiles. d. Client's review of information from Partner Compatibility Questionnaires is based on the membership plan chosen by client. The kind and amount of information available from Partner Compatibility Questionnaires varies depending on the membership plan chosen by client. e. Client's selection privileges. Client may select the number of persons allowable on the membership plan chosen (except the Passive plan which has no selection privileges - only response privileges). Persons selected will be notified of client's interest in them. It will be determined if these persons are likewise interested in client. When a response is obtained from a person who client selected, it will count as one of client's selections, whether the responding member reciprocates an interest in client (a positive response) or does not reciprocate an interest in client (a negative response). Client recognizes that as changes occur in other members lives, their membership status may change from "active" (available) status to "inactive" (unavailable at this time) status, or "former" (no longer a member) status, after client selects them. If a person the client selects does not respond within a reasonable period of time (ordinarily 60 days) or becomes an "inactive" or "former" member before a positive or negative response is obtained, this will not count as one of client's selections. If client does not make use of the full number of selections of persons this agreement provides for, or chooses not to use the services for the full period of this agreement, this does not constitute reason not to pay the full amount of this agreement. If client upgrades or renews membership prior to the end of this agreement, unused selections and time remaining can be added to the number of selections and term allowable under a new agreement. V.I. may choose to extend the membership period or grant additional selections under certain circumstances at its discretion. f. Client's response privileges. Client has the opportunity to respond to any member who selects client. The number of members that client may respond to is not limited. Refer to item g. below for clarification and exceptions. g. A means of contact between persons will be provided only if both persons are interested in each other (If a member responds with a positive response to the person who selected him or her). Client recognizes that without mutual interest, V.I. can not provide a means of contact. Therefore a means of direct contact with other members, or dates with members can not be guaranteed. Also a membership in special programs for certain foreign countries may restrict the exchange of contact information until a membership or a trip to those specific countries is arranged. Client recognizes that V.I. provides only a process and service, based on and dependent upon member selections and mutual attraction. Client understands and agrees that if no one selects or reciprocates an interest in client, or chooses not to meet client, this does not constitute a reason to withhold payment or to request a refund. h. Other services are available as a part of different membership plans as explained on Membership Plans page.
2. MEMBERSHIP PLAN AND TERM AS DESCRIBED IN SIGNUP SECTION:
3. PRICE AS DESCRIBED IN SIGNUP SECTION:
4. PAYMENT AS PROCESSED BY THE ENROLL FORM:
5. QUALIFICATION AND AUTHENTICITY OF ENROLLEE: Client certifies that he/she is at least 18 years of age. At the request of V. I., client agrees to provide identification proving age (V.I. does not claim to do an age check on all members so members are forewarned that a member may not be the age they claim to be). Client also agrees by submitting his/her photograph(s) to V. I., that client acknowledges that he/she is the rightful owner of the image(s) submitted and is unaware of any current or pending copyright or trademark restrictions on the image(s), or of any legal violations from use of the image(s) or his/her participation in this program. Client also agrees that the image(s) being submitted is suitable for all audiences and is not falsified in any way. If the quality or content of the photo is unacceptable V.I. reserves the right not to use the photo. If it is suspected that a photo has been falsified, it may be withdrawn or withheld from presentation pending determination of authenticity. Deliberate falsification can result in forfeiture of membership without refund. V.I. will hold client responsible for any damages that are incurred due to violating any of these policies.
6. MARITAL STATUS, BACKGROUND INFORMATION, PERSONAL VERIFICATION: Client gives permission for identity and background checks to be made to verify identity and background information. Client is also made aware that some members may utilize investigative agencies to verify information and perform background checks. However V.I. does not claim to verify all information provided by members or do routine background checks. V.I. can not endorse information provided by members as necessarily truthful and members should treat information provided by members as such, and proceed with contacts at their own risk. DELIBERATE MISREPRESENTATION OR EXCLUSION OF INFORMATION MAY RESULT IN MEMBERSHIP TERMINATION AND FORFEITURE OF FEES. Client states that his/her personal information entered here is valid and complete, and that client has not been convicted of a felony and is not on a sex offender registry and is not an illegal drug user. Client states that he/she is not married, or if client is truly separated but not yet divorced, client states that he/she does not live together with married partner. Client may not knowingly have AIDS, HIV or a sexually transmitted disease. Client swears that information entered in their Member Profile, Partner Compatibility Questionnaire for Singles, and user information on the enrollment form and elsewhere is truthful. Client absolves V.I. from liability from the veracity of information and statements made by client or by other members.
7. CANCELLATION BY CLIENT: ( 7. a, b and c applicable only to California buyers per state law)
a) WITHIN 3 DAYS OF SIGNED AGREEMENT You, the buyer may cancel this agreement at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sunday and holidays. to cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement. this notice shall be sent to : VIDEO INTRODUCTIONS 76 Alves Ln. Bay Point CA, California 94565. In this event money paid pursuant to the agreement shall be refunded within 10 days of receipt of notice of cancellation, except that payment to V.I. shall be made for any services covered in this agreement which are received by client prior to cancellation.
b) DEATH OR DISABILITY: If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payment for services other than those received before death or the onset of disability. Services received prior to death or disability shall include consideration of item 9.d.
(1) If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative.
(2) "Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician and remunerated by the buyer. The written verification of the physician shall be presented to the seller.
(3) If the physician determines that the duration of the disability will be less than six months, the seller may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.
(c) RELOCATION: (pertains only to members who live within 50 miles of the dating service office at the time they join) If the buyer relocates his or her primary residence further than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer had prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision will be charged a predetermined fee of one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee of fifty ($50). Services received prior to relocation shall include consideration of item 9.d.
d) OTHER REASONS: Client may request to be removed from membership for other reasons, but refund provisions or relief of obligation to make payment under this agreement are limited to the preceding items 7. a, b, or c above.
8. TERMINATION BY VIDEO INTRODUCTIONS: Video introductions reserves the right to terminate this agreement at any time for reasons such as, but not limited to: a) deliberate misrepresentation of facts or intentions by client, b) inappropriate behavior toward, or malicious statements about, a Video Introductions member, guest or employee, c) an undisclosed felony criminal record or listing on a sex offender registry. d) an emotional or mental disorder which might be detrimental to the best interests of V.I. or its members, e) having AIDS, HIV or a chronic sexually transmitted disease, f) illegal drug use g) marriage of client, h) client's failure to make a reasonable effort to contact a member who reciprocates an interest in client after being selected by client. There will be no refund when termination results from 8.a, b, c, f, g or h. If 8.d applies, or in the event of acquiring a disease or condition described in 8.e after becoming a member, V.I. can refund a portion of the purchase price based upon the computation of "value of services received" as described in items 9. a and b. Termination shall be by letter and/or e-mail to client at client's address or e-mail address as set forth in this agreement and shall be effective the fifth day after e-mail or letter is mailed.
9. VALUE OF SERVICES RECEIVED: Only if appropriate cancellation (item 7. a, b or c only) or termination (item 8. d and e only) provisions apply, the value of the basic membership services received (for the purpose of refund calculations) will be determined by adding the value of 9. a and b below. a) Processing Fee: A processing fee of $30 for a purchased membership plan is included in the membership price. A processing fee helps to cover the costs to process a member into V.I.'s program. The processing fee will first be deducted from the total membership cost. The remainder will constitute the basis for a pro-rata computation of other basic membership services received. b) Other basic services received: Only when appropriate cancellation or termination provisions approved by V.I. apply, the pro-rata computation shall be the portion of the selections used, or length of membership used, whichever is more. If client has used all of the selections or the full length of membership specified in this agreement, no pro-rata refund will be made. c) Relocation fee (only for CA members who join for the purpose of seeking only local dating opportunities when living within 50 miles of the dating service office): If item 7. c (relocation) applies, in addition to the "value of services received" computation as specified in items 8. a and b, a fee of $100 is also charged, or if more than 1/2 of the life of contract has expired, a fee of $50 is also charged. d) Marriage or Relationship: No refund requests will be honored if client becomes married or enters into another kind of relationship and no longer wants V.I. services for these reasons. Client agrees to notify V.I. within 10 days upon becoming engaged or married, or unavailable due to an exclusive involvement in a relationship. e) Other services and goods: The value of other services and goods purchased from V.I. are not part of the basic membership value computation used as specified in 9. a and b, and shall be treated separately on their own merits.
10. SELECTIONS, TIMELY RESPONSES AND CONTACTS: Client agrees to respond as soon a possible after being selected (preferably within a few days). This is common courtesy. If a member does not respond within 2 months after the date of notification, their membership is ordinarily placed on "inactive" status and this will not count as a "selection" for the member who initiated the selection, unless a positive response is subsequently received and the member initiating the selection still wants to make contact with this person. If a member responds within the two month time period with either a "positive response" (reciprocates an interest in the member who selected them) or a "negative response" (doesn't reciprocate an interest in the member who selected them), this is counted as a "selection" in either case. When a member reciprocates an interest in client, client is expected to contact that member within a reasonable period of time. If client does not make a reasonable effort to contact this person within 30 days of receiving a means to contact them, client's membership may be suspended or may constitute a basis for termination without an acceptable reason for the delay.
11. CHANGES IN CLIENT'S SITUATION: Client is responsible for reporting relevant changes to V.I. such as changes in address, phone numbers and unavailability as a single. An engagement or a decision to enter into an exclusive dating relationship or living together arrangement should be reported immediately so that other members are not misled as to your dating availability. Notifying us of these changes will also allow us to preserve your remaining membership by placing you on "inactive" status. Marriage will terminate your membership and you will be considered a "former" member without preservation of any remaining membership. Failure of client to keep V.I. informed of relevant changes may result in termination.
12. ACTIVITIES: If client chooses to participate in any activity associated with V.I., client and anyone invited by client does so at his/her own risk. Client hereby agrees that V.I. accepts absolutely no liability of any kind for loss, damage or injury to person or property resulting from the activity itself or the provision of any transportation associated with the activity.
13. USE OF VIDEO, PHOTOS, PROFILE AND QUESTIONNAIRE: Client agrees to allow video and photos made by or provided to V.I., as well as the "Member Profile" and "Partner Compatibility Questionnaire" information to be used and shown publicly, including use on any V.I. sponsored web site for purposes of this agreement. Information from the Member Profile and the Partner Compatibility Questionnaire will be used as a guide in comparisons, searches, comments, etc. to help members determine who may be appropriate for them. V.I. presents information from comparisons and searches as a helping guide only and makes a disclaimer as to the absolute validity of any information from searches, comparisons, evaluations and any other comments related to the member profile or the partner compatibility questionnaire. V.I. assumes no liability for any decisions members may make from use of this information.
14. INACTIVE STATUS AND EXTENSION: Inactivation: Members in good standing can save remaining membership time for future use at the time they go on inactive status within one year of the end of their membership period. Members may also be placed on inactive status by V.I. for various other reasons including those mentioned in other sections of this agreement. Extension: A membership may be extended for an indefinite period at the discretion of V.I. A member who chooses not to be extended should mail or deliver a signed and dated request to Video Introductions 76 Alves Ln. Bay Point, CA 94565.
15. CA civil code 1694 (applicable to California buyers) a) Any contract for dating services which does not comply with the chapter of CA civil code 1694 is void and unenforceable. b) Any contract to dating services entered into under willful and fraudulent or misleading information or advertisements of the seller is void and unenforceable. c) Any buyer injured by a violation of this chapter may bring an action for recovery of damages in a court of competent jurisdiction. Judgment may be entered for three times the amount at which the actual damages are assessed. Reasonable attorney fees may be awarded to the prevailing party. d) Notwithstanding the provisions of any contract to the contrary, whenever the contract price is payable in installments and the buyer is relieved from making further payments or entitled to a refund under this chapter, the buyer shall be entitled to receive a refund or refund credit of that portion of the cash price as is allocable to the services not actually received by the buyer. The refund of any finance charge shall be computed according to the “sum of the balance method,” also known as the “Rule of 78.” e) Any waiver by the buyer of this chapter is void and unenforceable.
16. DISCLAIMER: Video Introductions makes no guarantee as to the efficacy of use of its program or the success or happiness of couples who come together through use of V.I. services or the V.I. website. Moreover, information, comparisons and statistics made available through use of various searches and other means, are presented as an approximation and are not presented as an absolute statement of fact.
17. LEGALITY: If any term of this agreement shall be determined to be void or illegal, the remaining portion of this agreement shall remain in full force and effect.
18. ENTIRE AGREEMENT: This agreement constitutes the agreement between the parties hereto and no statement, promise or inducement made by any party which is not contained herein shall be binding or valid and this contract cannot be altered except for a different agreement of all parties separate from this agreement.