LEGAL DISCLAIMERS

 

The words you and your refer to each customer, site visitor, or user, we, us and our refer to SexAgreement.com and service or services refers to all services provided by us through the SexAgreement.com website.

 

IN USING THE SEXAGREEMENT.COM SERVICE, WEBSITE, INFORMATION, AND FORMS, YOU AGREE WITH THE FOLLOWING TERMS AND CONDITIONS AND ANY OTHER TERMS AND CONDITIONS PROVIDED BY OR THROUGH THE SEXAGREEMENT.COM WEBSITE. DO NOT USE THE SEXAGREEMENT.COM SERVICE, WEBSITE, INFORMATION, AND FORMS, IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS AND CONDITIONS AND ANY OTHER TERMS AND CONDITIONS PROVIDED BY OR THROUGH THE SEXAGREEMENT.COM WEBSITE. If you do not understand or have questions about the terms and conditions PROVIDED BY OR THROUGH THE SEXAGREEMENT.COM WEBSITE, immediately stop all use of this website and contact us. THE TERMS AND CONDITIONS may periodically change without notice, so you should check thE FOLLOWING TERMS AND CONDITIONS AND ANY OTHER TERMS AND CONDITIONS PROVIDED BY OR THROUGH THE SEXAGREEMENT.COM WEBSITE before every attempt to use this website. THE SERVICE, WEBSITE, INFORMATION, AND FORMS ARE NOT INTENDED FOR, OR MARKETED TO, MINORS, AND USERS OUTSIDE THE UNITED STATES OF AMERICA. YOU AGREE THAT YOU ARE OF THE AGE OF SEXUAL CONSENT AND THAT YOU ARE NOT A MINOR.

 

No Legal Services or Attorney-Client Relationship

 

SexAgreement.com provides legal information which is not legal advice. Legal information informs you of the law and your rights but does not advise you what course of action to take for your situation. Legal advice is what attorneys provide. SexAgreement.com is not a law firm, and is not acting as your attorney. No attorney-client relationship is formed by providing forms or other information to you. If you have a serious legal problem we suggest that you consult an attorney. The SexAgreement.com service, website, information, and forms are not a substitute for the advice of an attorney. SexAgreement.com does not provide and is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies. The SexAgreement.com service, website, information, and forms are not intended to and do not constitute legal advice, recommendations, or counseling under any circumstance. You are representing yourself in any legal matter you undertake by using the SexAgreement.com service, website, information, and forms. You agree to comply with all applicable state and federal laws in using the SexAgreement.com service, website, information and forms.

 

The information and resources provided on this website are intended for convenience and general information purposes only, and not for legal advice or a substitute for the advice of an attorney. You should not act upon the information without seeking the professional services of an attorney. The information is not guaranteed to be accurate, complete or up-to-date. Your use of the information is at your own risk. Although SexAgreement.com takes every reasonable effort to ensure that the information and forms are up-to-date and legally sufficient, because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, the information and forms are not guaranteed, as to their suitability, legal effect, enforceability, binding effect, completeness, currentness, accuracy, appropriateness, and/or you will achieve any particular result. The information and forms may be inappropriate for your particular transaction(s) or circumstance(s). Furthermore, state and federal laws may require different or additional provisions to ensure the desired result. You should consult with an attorney to determine the appropriate forms necessary for your particular transaction(s) or circumstance(s), as the information and forms are only samples and may not be applicable to a particular transaction, circumstance, or situation. The law is a personal matter, and no general information or form like the kind SexAgreement.com provides can fit every circumstance. The legality and effectiveness of the use of the forms provided by SexAgrement.com to prevent criminal and/or civil liability has yet to be tested within the United States of America legal system. The information and forms may be revised or modified from time-to-time to comply with current statutes and court decisions without notice.  

 

Resources and Publications

 

Resources and publications on this website or links to resources and publications on third party websites should not be construed as legal advice on any specific facts or circumstances. Their contents are intended for convenience and general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of SexAgreement.com, to be given or withheld at our discretion, or the respective holders of the material. Links to third party content are not intended to state or imply SexAgreement.com endorses, sponsors, is affiliated, is associated, has verified the veracity, integrity, quality, accuracy, or legality of the content, or claims any interest in any way with the websites or content provided at those websites. SexAgreement.com does not provide, endorse, nor guarantee any third-party product, service, information or recommendation listed on its website. The third parties listed are not affiliated with SexAgreement.com and are solely responsible for their information, products and services. Your use of the information is at your own risk.

 

Trademarks, Service Marks, and Domain Names

 

You may make fair use of our trademarks, service marks and domain names, in referencing our products and services. However, you may not use SexAgreement.com logos or design service marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization. In addition, you may not use SexAgreement.com trademarks, service marks and domain names, whether design or word marks, in the following ways:

 

In a non-SexAgreement.com service name or publication title;

 

In, as, or as part of, your own service or trademarks;

 

To identify products or services that are not SexAgreement.com;

 

In a manner likely to cause confusion or disparage SexAgreement.com;

 

In a manner that implies inaccurately that we sponsor or endorse, or are otherwise connected with, your own activities, products and services;

 

As hidden or embedded text in web pages in an effort to cause a search of SexAgreement.com marks to result in a hit on a  page not maintained by SexAgreement.com.

 

All trademarks are the property of their respective owners.

 

Contact SexAgreement.com for information regarding the authorized use of any of the contents of this website.

 

Copyright

 

This website and its contents (including but not limited to entire text, computer program, source code, artwork, graphics, photographs, illustrations, animations, design and English translation) are protected by the copyright laws of the United States of America, pursuant to Title 17 of the United States Code.

 

A copyrighted work may not be copied, reproduced, distributed or publicly displayed without the consent of the author or copyright owner. Any unauthorized use of this website or any of its contents, in whole or in part, shall be considered copyright infringement. It is illegal for anyone to violate any of the rights provided by the copyright laws to the owner of this website.

 

Should you infringe this copyright, you may be liable to the owner for relief such as injunction, impounding and disposition of infringing articles, attorneys' fees, actual damages and any profits resulting from the infringement, or statutory damages if the infringement was committed willfully.

 

All copyrights are the property of their respective owners.

 

Contact SexAgreement.com for information regarding the authorized use of any of the contents of this website.

 

License to Use

 

You may not reproduce, transfer, copy, print, republish, display, post online, distribute, transmit, sell, rent, lease, loan, assign, re-license or sublicense, create compilations or derivative works, or otherwise make available in any form or by any means all or any portion of the forms. You are granted a non-exclusive, non-transferable, revocable license to use the forms for your personal one-time use for non-commercial purposes only, or if you are an attorney, for the client for whom the forms were purchased. Attorneys interested in providing the forms to their clients with modifications appropriate for their client’s particular circumstance(s) are encouraged to contact SexAgreement.com. You may not remove, change or obscure any copyright, trademark, or other proprietary notice or terms of use contained on any documents and forms without the written approval of SexAgreement.com.

 

Submission of Ideas or Content

 

SexAgreement.com does not accept or consider unsolicited ideas, including ideas for changing this website or adding new products or services. Please do not submit, transmit or relay any unsolicited original ideas if you do not want SexAgreement.com to be able to use those ideas, modifications, additions, enhancements, content, materials, comments or suggestions without compensation or credit to you or the submitter.

SexAgreement.com welcomes your comments and feedback about this website or about its products and services. However, SexAgreement.com, in its sole discretion, reserves the right to use or not use any ideas, modifications, additions, enhancements, content, materials, comments or suggestions without any express or implied obligation, contract or compensation or credit to you or the submitter. All ideas, modifications, additions, enhancements, content, materials, comments or suggestions submitted shall automatically become the sole property of SexAgreement.com and SexAgreement.com may use such ideas, modifications, additions, enhancements, content, materials, comments or suggestions in whole or in part at SexAgreement.com sole discretion without compensation or credit to you or the submitter, regardless of what your or the submitter's communication, letter, e-mail, or anything else says to the contrary. All communications and other materials (including, without limitation, unsolicited ideas, modifications, additions, enhancements, content, materials, comments or suggestions) you or the submitter send to this website or to SexAgreement.com by e-mail or otherwise are and shall remain the sole and exclusive property of SexAgreement.com and may be used by SexAgreement.com for any proper purpose whatsoever, commercial or otherwise, without compensation or credit to you or the submitter.

 

Disclaimer of Warranties and Liabilities

 

SexAgreement.com disclaims any and all responsibility or liability, which may be asserted or claimed, arising from or claimed to have arisen from reliance upon the utilization of the SexAgreement.com service, website, information, and forms by any person. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SEXAGREEMENT.COM SERVICE, WEBSITE, INFORMATION, AND FORMS. THE SERVICE, WEBSITE, INFORMATION, AND FORMS ARE PROVIDED AS-IS,” AS AVAILABLE,” WITH ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). SexAgreement.com makes no warranty that the FORMS ARE OR WILL BE DELIVERED FREE OF ANY PERSON'S OR ENTITY'S CLAIM OF PATENT, TRADEMARK, COPYRIGHT, OR SIMILAR INFRINGEMENT. THE INFORMATION AND FORMS MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. SEXAGREEMENT.COM, OUR AGENTS AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SEXAGREEMENT.COM SERVICE, WEBSITE, INFORMATION, AND FORMS, EXCEPT AS PROVIDED BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SEXAGREEMENT.COM, OUR AGENTS AND AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, EXEMPLARY DAMAGES, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SEXAGREEMENT.COM AND YOU. THE SERVICE, WEBSITE, INFORMATION AND FORMS PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH SEXAGREEMENT.COM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SEXAGREEMENT.COM MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

 

Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

 

Indemnification
 

You agree to indemnify, defend and hold SexAgreement.com and our partners, agents, employees, representatives, heirs, subcontractors, licensees, successors, assigns, third party product and service providers, attorneys, insurers, advertisers, and affiliates (collectively, Affiliated Parties) harmless from any and all liability, loss, injury, claim, damage, cost and expense, including reasonable attorneys’ fees, related to your violation of this Agreement, use of the SexAgreement.com service, website, information, and forms.

 

Sales Tax
 

You agree to be solely responsible for all sales taxes, or other taxes, on all orders you place through SexAgreement.com.

 

Shipment Risk
 

You agree that all orders sent from SexAgreement.com are subject to a shipment contract, where the risk of shipment loss is passed to you upon SexAgreement.com delivery to the third party shipping service provider. You accept responsibility of the package once the tracking information shows Acceptance, Delivered, or Left at Destination by the third party shipping service provider.

 

Price Information
 

All product prices are subject to change at SexAgreement.com discretion and without notice.

 

DISPUTE RESOLUTION BY MEDIATION; BINDING ARBITRATION 

Please read this carefully. It affects your rights. 

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting SexAgreement.com through the
Contact link provided on the SexAgreement.com home page. In the unlikely event that SexAgreement.com is unable to resolve your complaint to your satisfaction (or if SexAgreement.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through mediation, and if the matter is not resolved through mediation, then binding arbitration in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.

Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and SexAgreement.com are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.

 

For the purposes of this arbitration agreement, references to SexAgreement.com,” you,” and us” include our respective affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

 

 

1.  The parties agree that any and all disputes, claims or controversies arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; the breach, termination, enforcement, interpretation or validity, including the determination of the scope or applicability of this agreement to arbitrate; claims that arose before these or any prior terms (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these terms shall be submitted to JAMS, or its successor, in Los Angeles, California, or another location agreed to by the parties, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the requirements of paragraph 5 below.

 

2.  Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.

 

3.  The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

 

4.  All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

 

5.  Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.

 

6.  At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 3 above.

 

7.  All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.

 

8.  The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise.

 

9.  The arbitration shall be binding with no right of appeal.

 

 

BY USING SexAgreement.com SERVICES OR ACCESSING THE SexAgreement.com SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO SexAgreement.com VIA THE SexAgreement.com SITE CONSTITUTES AN INQUIRY TO SexAgreement.com, AND THAT SexAgreement.com MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL REGISTRY” OR ANY OTHER STATE OR FEDERAL REGISTRY (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE). 

 

BY USING SexAgreement.com SERVICE, PRODUCTS, WEBSITE, INFORMATION, AND FORMS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

Modification and Miscellaneous Provisions

 

The terms of sale, privacy policy, and return policy are incorporated by this reference and made a part of this Agreement between the parties.

 

SexAgreement.com has the right to modify these terms and conditions at any time without specific notice to you. The latest terms and conditions may be requested from SexAgreement.com, and you should review the latest terms and conditions prior to using the SexAgreement.com service, website, information, and forms. This Agreement constitutes the entire and only agreement between SexAgreement.com and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the SexAgreement.com service, information, and forms provided by or through the SexAgreement.com website, and the subject matter of this Agreement. This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to SexAgreement.com (and/or any information, documents, products, forms, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. This Agreement and all incorporated agreements and your information may be automatically assigned by SexAgreement.com in our sole discretion to a third party in the event of license, acquisition, sale or merger. SexAgreement.com failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. SexAgreement.com rights under this Agreement shall survive any termination of this Agreement. The date of the last update to the Legal Disclaimers was March 2017.

 

 

 


 

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