Agreement between User and www.littlegaybook.com
Welcome to www.littlegaybook.com. The www.littlegaybook.com website (the “Site”) is comprised of various web pages operated by Little Gay Book, LLC (“Little Gay Book”) that provide information along with products and services. Your use of www.littlegaybook.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.littlegaybook.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. It is important that you read this Terms of Use and Conditions Agreement
www.littlegaybook.com is the official website of Little Gay Book, a matchmaking company that also offers counseling and coaching services.
Privacy
Your use of www.littlegaybook.com is subject to Little Gay Book’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.littlegaybook.com or sending emails to Little Gay Book constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Use
If you use this site for services and products that require you to submit information, you represent and warrant to us that the information you provide to us is accurate and you will update your information as necessary as necessary to ensure its accuracy. You may not assign or otherwise transfer any services or products you obtained through Little Gay Book to any other person or entity. You acknowledge that Little Gay Book is not responsible for third party access to your services and products that results from theft or misappropriation of your information. Little Gay Book and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
If you sign up for an event, group program, consultation, or other offered service or request to be added to the confidential matchmaking database, by submitting your information, you agree that you are at least twenty-one (21) years of age, single, legally separated, divorced, or widowed and that your information is accurate. Signing up does guarantee a match. Not all individuals will qualify for the range of services offered by Little Gay Book. Even then, there is no express or implied warranty that a life partner can or will be found. Results will vary. You also understand the potential dangers that could occur in meeting with people through Little Gay Book or any of their events.
By signing up for an event, group program, consultation, or other offered service or request to be added to the confidential matchmaking database, you agree to have read this entire document and agree to not post negative comments on Yelp, Google, Facebook, Instagram and any other social media or publication. Additional agreements may be required for events, group programs, consultations, the confidential matchmaking database and other offered services.
Children’s Privacy
Little Gay Book services and products are restricted to individuals who are 21 years of age or older. Little Gay Book does not knowingly collect personally identifiable information from children under the age of 18.
Links to Third Party Sites/Third Party Services
www.littlegaybook.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Little Gay Book and Little Gay Book is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Little Gay Book is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Little Gay Book of the site or any association with its operators.
Certain services made available via www.littlegaybook.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.littlegaybook.com domain, you hereby acknowledge and consent that Little Gay Book may share such information and data with any third party with whom Little Gay Book has a contractual relationship to provide the requested product, service or functionality on behalf of www.littlegaybook.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.littlegaybook.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Little Gay Book that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Little Gay Book or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Little Gay Book content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Little Gay Book and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Little Gay Book or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Little Gay Book from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Little Gay Book Content accessed through www.littlegaybook.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You understand the potential dangers that could occur in meeting with people through Little Gay Book or any of their events. Understanding these risks, You agree to indemnify, defend and hold harmless Little Gay Book, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of any injury or damage of any kind to you or anyone else caused by meeting with people through any Little Gay Book matchmaking services and events and/or your use of or inability to use the Site or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. While Little Gay Book performs an initial screening of individuals registering for its confidential matchmaking database, Little Gay Book makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future members
Little Gay Book reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Little Gay Book in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties. If the parties cannot agree, then the Superior Court of Alameda County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. Each party shall have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The cost of the arbitration, excluding legal fees and costs, shall be borne by the losing party or in proportion as the arbitrator shall decide. The sole and exclusive venue for the arbitration and or any legal dispute shall be Alameda County, California. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LITTLE GAY BOOK, LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LITTLE GAY BOOK, LLC MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LITTLE GAY BOOK, LLC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LITTLE GAY BOOK LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND AND CONDUCT OF SUCH INDIVIDUALS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL LITTLE GAY BOOK LLC 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 SERVICES PROVIDED, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS INTRODUCED TO YOU BY THIS SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LITTLE GAY BOOK, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LITTLE GAY BOOK, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Little Gay Book reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Little Gay Book as a result of this agreement or use of the Site. Little Gay Book’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Little Gay Book’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Little Gay Book with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Little Gay Book with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Little Gay Book with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Little Gay Book reserves the right, in its sole discretion, to change the Terms under which www.littlegaybook.com is offered. The most current version of the Terms will supersede all previous versions. Little Gay Book encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Little Gay Book welcomes your questions or comments regarding the Terms:
Little Gay Book, LLC
360 Grand Avenue, Suite 235
Oakland, California 94610
Email Address: [email protected]
Effective as of November 1, 2022