Terms & Conditions

Effective: February, 2024

 

Welcome to MyDatePlans! We’re Mrfergie Enterprises LLC., along with our subsidiaries and affiliates, and we’re thrilled to have you here. By using our website, mobile apps, and related services (collectively referred to as the “Platform”), you agree to abide by these Terms of Use. This agreement forms a legal contract between you and us, outlining the rules and responsibilities for using our services.

What does this mean for you?

When you access or use our Platform, or click “I Agree,” you agree to all the terms and conditions laid out in this agreement. If you don’t agree with these terms, please refrain from using our services. This Platform is intended for personal, non-commercial use unless we’ve agreed otherwise in a separate written agreement.

Important: Dispute Resolution

Please take note of the “Dispute Resolution” section below. It outlines how any disputes between you and us will be resolved, emphasizing binding individual arbitration. By agreeing to these terms, you’re waiving your right to a trial by jury or participation in class action lawsuits against us.

By entering into this agreement, you acknowledge that you’ve read, understood, and agreed to all the terms and conditions herein. Take your time to consider this decision carefully.

ABOUT MYDATEPLANS

MyDatePlans is an online marketplace connecting individuals with third-party service providers. Through our platform, you can order packages offered by specific partners, including their authorized licensees, franchisees, or other providers.

It’s important to note that the partners featured on our platform operate independently of MyDatePlans. They are required to comply with all relevant federal, state, and local laws, regulations, and standards regarding the preparation, sale, and marketing of their products and services, including safety regulations. While MyDatePlans does not verify their compliance with all laws, we do not assume liability or responsibility for their preparation or safety practices.

Additionally, we do not guarantee the quality of services provided by our partners, nor do we independently verify the accuracy of their representations, including disclosures, photographs, or images displayed on our platform.

It’s essential to understand that MyDatePlans is not a delivery company or a common carrier.

ACCOUNT CREATION AND MANAGEMENT

Establishing Your Account:

  • Each user may maintain one personal account per platform.
  • For business use, additional accounts may be permitted under separate agreements.
  • By utilizing the platform, users commit to providing accurate and current personal information.

Age Requirement:

  • Users under 18 must obtain parental or guardian consent to access the platform.
  • Access to the platform is restricted to individuals aged 13 and above.

Representation of Entities:

  • Users acting on behalf of organizations warrant their authority to bind such entities to these terms.

Account Security Measures:

  • Safeguard your account and login credentials.
  • Promptly report any suspected unauthorized access or security breaches.
  • Users are accountable for all activities conducted under their account.

PAYMENT AND OUR CREDIT POLICY

Certain features of the Platform may necessitate payments, such as commissions or fees, for actions like placing or receiving purchases. Once paid, these fees are considered final and non-refundable unless determined otherwise by MyDatePlans. MyDatePlans retains the discretion to offer credits or refunds on a case-by-case basis, particularly in cases of purchase errors or incorrect charges.

Upon making a purchase, MyDatePlans will charge the payment method specified by you. If payment is made via credit card, MyDatePlans may pre-authorize your credit card account to ensure its validity and availability of credit.

MyDatePlans reserves the right to adjust prices, fees, taxes, and surcharges for any services or goods obtained through the Services at its discretion. Additionally, MyDatePlans may consolidate fees and surcharges into the prices listed for partner packages. Subtotals displayed at checkout for certain transactions are estimates and may differ from the final amount due. MyDatePlans reserves the right to charge the final price after checkout, including all applicable transaction taxes.

OUR MATERIALS AND LICENSE TO YOU

Ownership of Materials:

Except for Your Content (defined below), all content on the Platform, including text, photos, videos, graphics, and software (collectively, the “Materials”), is either owned by or licensed to MyDatePlans. These Materials are protected by various intellectual property laws, including copyright, trademark, and trade secret laws, both in the United States and internationally.

Limited License:

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for personal and noncommercial purposes only. This license is granted solely as expressly permitted by this Agreement and is subject to all its terms and conditions, as well as applicable intellectual property laws and any Additional Terms (as defined below) provided on the Platform.

Prohibited Use:

You are not authorized to download any content from the Platform, including the Materials, except as expressly permitted by this Agreement. Any unauthorized downloading may result in damage to your computer system or loss of data, for which MyDatePlans will not be responsible. Please be aware that we enforce our intellectual property rights to the fullest extent permitted by law.

Restrictions:

Except as expressly provided herein, nothing on the Platform or in the Materials should be construed as granting you any license or right to use the Materials or any third-party proprietary content without the express written permission of MyDatePlans or the relevant third-party owner, as applicable. All rights not expressly granted herein are reserved by MyDatePlans and its licensors.

YOUR CONTENT AND CONDUCT

Your Conduct:

By accessing the Platform or the Services, you agree:

  1. Compliance: To comply with the Agreement and all applicable laws, rules, and regulations regarding online conduct and Your Content.
  2. Non-Commercial Use: Not to use the Platform or Services for any commercial purposes not expressly permitted by this Agreement, or in a manner that falsely implies our endorsement or partnership.
  3. Unauthorized Access: Not to access the Platform using a third party’s account without express consent, or attempt to impersonate another user.
  4. Technological Measures: Not to bypass or attempt to circumvent any technological measures implemented by MyDatePlans to protect the Platform.
  5. Interference: Not to use the Platform in a manner that could damage or impair its proper functioning or interfere with others’ use.
  6. Advertising and Solicitation: Not to advertise or solicit any user or Partner without specific written authorization from MyDatePlans.
  7. Unauthorized Access: Not to deep-link to the Platform or engage in any scraping or systematic retrieval of data.
  8. Prohibited Conduct: Not to engage in any conduct that violates laws, infringes intellectual property rights, harasses others, or disrupts the security of the Platform.

You agree to comply with these conduct requirements and not assist or permit any person to engage in prohibited conduct. MyDatePlans reserves the right to suspend or terminate your Account for breaches of conduct.

Your Content:

MyDatePlans may provide you with interactive opportunities on the Platform, including user ratings, reviews, and social media pages. By providing Your Content, you represent that you own or have the right to provide such content. Your Content includes textual, visual, or audio content transmitted via the Platform or other means.

Use of Your Content:

You grant MyDatePlans a license to use Your Content for business purposes, including attribution on the Platform. This license includes a perpetual, non-exclusive right to use Your Content without compensation. You also grant a license for MyDatePlans to use any feedback you provide about the Platform or Services.

COMMUNICATIONS & TEXT MESSAGES

When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your voluntary provision to MyDatePlans of your cell phone number represents your consent that MyDatePlans may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to MyDatePlans, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from MyDatePlans at any time. To revoke your consent to receiving SMS or MMS messages from MyDatePlans, you agree to follow the unsubscribe procedures described below.

When making purchases through the Platform, you may receive purchase status messages from MyDatePlans about each purchase. To unsubscribe from purchase-related messages, just reply “STOP” to the number sending the message. To resubscribe, text “START” to the same number from the phone number associated with your account. If you need assistance, text “HELP”. Please note that unsubscribing from one of the branded properties in our Platform will not automatically unsubscribe you from another separately branded property in our Platform.

Additionally, you may receive messages from MyDatePlans following receipt of a completed purchase soliciting feedback and/or other information relating to the purchase. You may unsubscribe from all such feedback messages by replying “STOP” to the number sending the feedback messages. To resubscribe, text “START” to the number sending the feedback messages using the phone number associated with your account. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from MyDatePlans or the Partner unless you also text “STOP” to the number sending the purchase-related messages.

You may also receive text messages in response to certain Customer Care requests. To unsubscribe from Customer Care messages, just reply to the message by texting “STOP” to the number sending the message.

If you unsubscribe from receiving text messages from MyDatePlans through the process described above, you may continue to receive text messages for a short period while MyDatePlans processes your request(s). If you change or deactivate the phone number you provided to MyDatePlans, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive MyDatePlans’ standard SMS or MMS messages unless you also unsubscribe via the above procedures.

Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. If you require assistance, please contact our Customer Care team at [email protected].

DISCLAIMER

The Platform, the Services, the Materials, and all other content on the Platform are provided “as is” and “as available” without warranties of any kind, either express or implied, unless otherwise specified in writing. To the fullest extent permissible by applicable law, MyDatePlans disclaims, with respect to the Services, the Platform, the Materials, and all other content on the Platform, all warranties, express or implied, statutory or otherwise, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

MyDatePlans does not represent or warrant that the Platform, the Services, the Materials, and/or the other content on the Platform will be secure, uninterrupted, and/or error-free, that defects will be corrected, and/or that the Platform, the Services, the Materials, and/or other content on the Platform are free from viruses or other harmful components. MyDatePlans does not warrant or make any representations regarding the use or the results of the use of the Platform, the Services, the Materials, and/or any other content on the Platform in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including, without limitation, the safety, quality, and/or timing of a package purchased on the Platform.

You (and not MyDatePlans) assume the entire cost of all necessary servicing, repair, or correction relating to your use of the Platform, the Services, the Materials, and/or other content on the Platform. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.

MyDatePlans shall not be liable for delay or failure in performance resulting from causes beyond MyDatePlans’s reasonable control, including, without limitation, delays and other problems inherent in the use of the Internet and electronic communications. MyDatePlans is not responsible for any delays, delivery failures, or other damage resulting from such problems.

MyDatePlans relies upon partners and other third-party package providers to provide accurate allergen and dietary information and general product safety. MyDatePlans does not represent or warrant that the information accessible through the Service is accurate, complete, reliable, current, or error-free, including, without limitation, scheduling, safety, photos, food quality or descriptions, pricing, hours of operation, or reviews. All content is provided for informational purposes only. The reliance on any information provided through the Service is solely at your own risk.

LIMITATION OF LIABILITY

To the fullest extent permissible by applicable law, in no event shall MyDatePlans be liable to you for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss or damages whatsoever (including personal injury, loss of data, revenue, profits, reputation, use, or other economic advantage), even if MyDatePlans has been previously advised of the possibility of such damages, arising out of a warranty, contract, negligence, tort, or any other action of any type that in any manner arises out of or in connection with the Platform or the services provided on or through the Platform or by MyDatePlans.

MyDatePlans assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the Platform. MyDatePlans assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through the Platform, as well as any third-party website pages or additional websites linked to this Platform, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein, or harm to person or property caused thereby. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

In no event shall MyDatePlans’ total liability to you for all damages, losses and causes of action, whether in warranty, contract, negligence, tort or any other action of any type exceed (a) the amount paid by you to MyDatePlans or a MyDatePlans partner, if any, or (b) $1,000 (whichever is less). Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the greatest extent provided by law.

You and MyDatePlans agree that the warranty disclaimers and limitations of liability in this Agreement are material, bargained-for bases of this Agreement, and that they have been taken into account in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. You and MyDatePlans agree that the warranty disclaimers and limitations of liability in this Agreement are fair and reasonable. Except as may be otherwise provided for in this section, your sole and exclusive remedy is to discontinue using the Platform and Services, which you may do at any time.

THIRD PARTY LINKS

The Platform may contain links to websites that are owned, controlled, developed, sponsored, and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). MyDatePlans does not review, monitor, operate, and/or control the Third Party Websites and MyDatePlans makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, MyDatePlans is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third Party Websites, including, without limitation, providing information, materials, and/or other content to the Third Party Websites, is entirely at your own risk. MyDatePlans reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

PRIVACY POLICY

Click here to review the Privacy Policy

COPYRIGHT POLICY

MyDatePlans respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Platform or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide MyDatePlans’ Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Platform;
  4. Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  5. A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification to our copyright agent at: MyDatePlans., Attention: Copyright Agent, 4801 NW 69th St. Okla. City, Ok. 73132.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying MyDatePlans and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with MyDatePlans’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, MyDatePlans has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. MyDatePlans may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

TERMINATION AND VIOLATIONS OF THE AGREEMENT

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, MyDatePlans reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform’s features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein.

Upon termination of this Agreement for any reason or no reason: (1) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (2) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) “Your Content and Conduct;” (ii) “Disclaimer;” (iii) “Limitation of Liability;” (iv) “Important Note to New Jersey Consumers;” (v) “Termination and Violations of this Agreement;” (vi) “Dispute Resolution;” (vii) “Indemnification” and (viii) “Waiver and Severability.”

MyDatePlans reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular account, device and/or IP address.

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice to you. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the “Terms of Use” link available on our Platform (“Terms and Conditions”). You agree that you will review this Agreement periodically. By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. The Updated Terms will govern any disputes between you and MyDatePlans, even if the dispute arises or involves facts dated before the “Effective” date of the Updated Terms.

GOVERNING LAW

Except for the “Dispute Resolution” section below, the terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of laws principles. The Federal Arbitration Act will govern the interpretation and enforcement of the “Dispute Resolution” section.

Also, regardless of any statute or law to the contrary, you must provide notice to MyDatePlans, pursuant to the procedures in the “Dispute Resolution” section below, of any claim within one year of its accrual, or your claim will be waived and barred.

DISPUTE RESOLUTION

Informal Dispute Resolution Procedure:

In the event of a dispute between you and MyDatePlans, both parties agree to first attempt to resolve it informally. This involves sending a written description of the dispute to the other party. If the dispute is not resolved within sixty (60) days, further dispute resolution provisions apply.

Mutual Arbitration Agreement:

All claims, disputes, or disagreements related to this Agreement or your use of the Platform shall be submitted exclusively to binding arbitration. However, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide.

Class Action and Collective Relief Waiver:

Both parties waive the right to arbitrate disputes on a class, joint, collective, or consolidated basis. The arbitrator may only award relief in favor of the individual party seeking relief and may not preside over any form of class, joint, collective, or representative proceeding.

Right to Opt-Out of Arbitration:

You have the right to opt out of this Mutual Arbitration Agreement within 30 days of first becoming subject to it. Opting out must be done in writing and sent to MyDatePlans. Opting out has no effect on other parts of this Agreement.

Changes:

MyDatePlans reserves the right to change this Dispute Resolution section, but changes will not apply to individual claims for which notice has already been provided. If you reject changes to this section, you agree to arbitrate disputes in accordance with the original terms of this Agreement.

WAIVER AND SEVERABILITY

Any waiver by MyDatePlans of any term of this Agreement must be in writing. Except as otherwise provided in this Agreement (see “Dispute Resolution” section), if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.

ENTIRE AGREEMENT

Any waiver by MyDatePlans of any term of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, that portion shall be deemed severable. The remainder of the Agreement shall remain enforceable and valid according to its terms.

CONTACT

For questions regarding this Agreement or the Platform, visit our “Help” page for answers and contact information.