Welcome to LadysChoiceDates.com, a service of Solico, LLC
(hereinafter referred to as "Solico, LLC.","Solico", "LadysChoiceDates", "LadyChoiceDates Site" or "Site").
You must read and agree to these terms and conditions before you may access or
view our Site. Please read them carefully. By visiting the LadyChoiceDates Site,
you are agreeing to its terms.
This Agreement is subject to change at any time, and changes are effective upon posting.
Bookmark this page and check it frequently as it is up to you to refer to this page for
any amendments/changes to the original Agreement.
1. Eligibility:
You must be eighteen (18)* or over to register as a member of, or use this Site.
Membership in the service is void where prohibited. By using and / or viewing
this site, you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement and to abide by all of its terms and
conditions and that you are at least eighteen (18)* years old.
*(Twenty-one (21) years old in AL, MS, NE, WY, and any other
location where Twenty-one (21) is not the age of majority).
2. Fees / Termination:
Solico, LLC's
usage and / or subscription fees and duration of services
were provided to you upon registration and may change from time to time upon electronic
notice to you.
Solico, LLC reserves the right to terminate your access to the Site for any reason or no reason.
Solico, LLC may terminate your membership upon sending notice to you at the email address you provide in
your application for membership or such other email address as you may later provide to us.
If Solico, LLC terminates your membership in the LadysChoiceDates service because you have
breached this Agreement, you will NOT be entitled to any refund of any unused subscription fees.
Even after this Agreement is terminated by us, certain provisions will remain in effect
including sections 1, 3, 12, 13, 14, inclusive, of this Agreement.
You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight
of the original contract seller's third business day following the date of this contract,
excluding Sundays 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, or
words of similar effect.
This notice shall be sent to:
Solico, LLC
Customer Support – Cancellations
2180 Garnet Ave, Suite 3D
San Diego, CA 92109
If by reason of death or Disability you, the buyer, are 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
payments for services other than those received before death or the onset of Disability.
"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 designated
and remunerated by the buyer. The written verification of the physician shall be presented to Solico, LLC,
the seller. If you, the buyer, have prepaid any amount for services, so much of the amount prepaid that is
allocable to services that the buyer has not received due to death or Disability shall be promptly
refunded to the buyer or his or her representative.
3. Non-Commercial Use by Members / Viewers:
This Solico, LLC site is for the personal use of individual members and viewers only and may not
be used in connection with any commercial endeavors. Organizations, companies, and / or businesses may
not become members of this Solico, LLC site and shall not use the LadysChoiceDates service or site for any
purpose including but not limited to:
- sending unsolicited commercial e-mail to members
- illegal and / or unauthorized uses of the site, including unauthorized framing of, or linking to the
site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress and / or termination of membership at
Solico's sole discretion.
In order to prevent the sending of unsolicited commercial email messages to its members, Solico, LLC may
take reasonable steps, including the limiting of the numbers of emails sent or received by a member and
electronically filtering or throttling or terminating e-mail messages at Solico, LLC's sole discretion.
4. Proprietary Rights of Content on LadysChoiceDates:
Solico owns and retains other proprietary rights in the LadysChoiceDates site and the LadysChoiceDates service.
The site contains the copyrighted material, trademarks, and other proprietary information of Solico, LLC,
and its licensors. Except for that information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
5. Content Posted on the Site / Communications Decency Act
Solico, LLC claims immunity from liability to the fullest extent under the law and as provided under the
Communications Decency Act for Content provided by third parties and members and nothing in this
Agreement is intended to waive, remove, or usurp such immunity.
You understand and agree that Solico, LLC may delete any content, messages, photos or profiles
(collectively known as, "Content") that in the sole judgment of Solico, LLC violates the
Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of Solico, LLC and/or its members.
You are solely responsible for the content that you publish or display (hereinafter, "post") on the
LadysChoiceDates Site, or transmit to other LadysChoiceDates members.
By posting content to any public area of LadysChoiceDates, you automatically grant, and you
represent and warrant that you have the right to grant, to Solico< LLC and its members,
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform,
display, and distribute such information, rights of publicity, and content and to prepare derivative works of,
or incorporate into other works and other media, such information and content, and to grant and
authorize sublicenses of the foregoing.
To view our privacy terms, please refer to our
Privacy Policy
Solico, LLC will investigate and take appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the offending communication from the
site or service and terminating the membership of such violators. The following is a partial list of the
kind of content that is illegal or prohibited on the site:
it includes content that:
- is patently offensive to the online community, such as content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person or invades their privacy;
- involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of eighteen (18) in a sexual or violent manner,
or solicits personal information from anyone under eighteen (18);
- provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia,
impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or beastiality;
- provides instructional information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from
other users;
- sending advertisements in chat or instant messaging messages;
- and engages in commercial activities and / or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or
copy our web pages or the content contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine to bypass or to interfere or attempt to
interfere with the proper working of the LadysChoiceDates Site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on
our site is updated on a real time basis and is proprietary or is licensed to Solico, LLC by our users or third
parties.
You may not engage in advertising to, or solicitation of, other members to buy or sell any products or
services through the service. You will not transmit any chain letters or junk email to other LadysChoiceDates
members. Although Solico, LLC cannot monitor the conduct of its members off the LadysChoiceDates Site, it is
also a violation of these rules to use any information obtained from the service in order to harass, abuse,
or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior
explicit consent.
You must use the LadysChoiceDates service in a manner consistent with any and all applicable laws and regulations.
6. Copyright Policy/Digital Millenium Copyright Act Notice:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a
valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work
has been copied and posted on the LadysChoiceDates service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright
Act (DMCA):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the our site including the
URLs of web pages and/or hyperlinks;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Solico, LLC's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA
can be reached as follows:
Copyright Admin
Solico, LLC
2180 Garnet Ave, Suite 3D
San Diego, CA 92109
It is the intention of Solico, LLC to fully comply with the DMCA, including the Notice and "take down"
provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent
provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements
under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein
incorporated by reference.
7. Member Disputes:
Solico, LLC does not control the information provided by other users that are made available through our
system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please
use caution, common sense, and safety when using our site. You are solely responsible for your interactions
with other LadysChoiceDates members. Because it is not involved in member interactions, in the event that you
have a dispute with one or more members or those who have posted, viewed, or used information on the
LadysChoiceDates site, you release Solico, LLC, including its officers, directors, agents, subsidiaries and
employees, from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. If you are a California resident, you waive California Civil Code § 1542,
which says:
"A general release does not extend to claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if known by him must have materially affected
his settlement with the debtor."
Solico, LLC reserves the right, but has no obligation, to monitor disputes between you and other members.
8. Privacy:
Use of the LadysChoiceDates Site and / or its service is governed by our
Privacy Policy
, which may change from time to time upon electronic notice to you.
9. Disclaimers:
Solico, LLC, including its officers, directors, agents, subsidiaries and employees is not responsible
for any incorrect or inaccurate content posted on the LadysChoiceDates Site or in connection with the
LadysChoiceDates service, whether caused by users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the conduct of any user and / or member of the
LadysChoiceDates service whether online or offline.
Solico, LLC assumes no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, user and/or member communications.
Solico, LLC is not responsible for any problems or technical malfunction of any telephone network or
lines, computer on-line-systems, servers or providers, computer equipment, software, failure of
email or players on account of technical problems or traffic congestion on the Internet or at
any website or combination thereof, including injury or damage to users and / or members or to any other
person's computer related to or resulting from participating or downloading materials in connection with
the LadysChoiceDates Site and / or in connection with the LadysChoiceDates service.
Under no circumstances will Solico, LLC be responsible for any loss or damage resulting from anyone's
use of the Site or the service and / or any content posted on the LadysChoiceDates site or transmitted to
LadysChoiceDates Members. The Site and the service are provided "AS-IS" and Solico, LLC expressly disclaims
any warranty of fitness for a particular purpose or non-infringement.
Solico, LLC cannot guarantee and does not promise any specific results from use of the site and / or
the LadysChoiceDates service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the
fullest extent permitted by law), in no event will Solico, LLC be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits
arising from your use of the Site or the LadysChoiceDates service, even if Solico, LLC has been advised of the
possibility of such damages.
Notwithstanding anything to the contrary contained herein, Solico, LLC's liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid,
if any, by you to LadysChoiceDates for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this Site may be
downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use and / or your relationship with
Solico, LLC and / or your use of this Site shall be submitted to binding arbitration according to the
rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all
costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to
exclusive jurisdiction in San Diego County, California. The arbitration shall take place exclusively in San
Diego County, California, and shall be governed by California law without regard to its conflict of law provisions.
13. Indemnity:
You agree to indemnify and hold Solico, LLC, its subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of the LadysChoiceDates service in
violation of this Agreement and/or arising from a breach of these Terms of Use and / or any breach of your
representations and warranties set forth above.
14. Notices & Other Information:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
General Counsel
Solico, LLC
2180 Garnet Ave, Suite 3D
San Diego, CA 92109
or to the email address you provide to LadysChoiceDates during the registration process.
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email
address is invalid.
Alternatively, Solico, LLC may give you notice by certified mail, postage prepaid and return receipt requested,
to the address provided to LadysChoiceDates during the registration process. In such case,
notice shall be given 3 days after the date of mailing.
You agree that this Agreement and all incorporated Agreements may be automatically assigned by Solico, LLC,
in our sole discretion, to a third party.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or
extent of such section.
References to Solico, LLC shall include its subsidiaries, affiliates, officers, agents, and other partners
and employees.
Solico, LLC's failure to act with respect to a breach by you or others does not waive its right to act
with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect.
15. Physical Location:
Solico, LLC is located at the following address:
Solico, LLC
2180 Garnet Ave, Suite 3D
San Diego, CA 92109
16. Revision Information:
Revised December 18, 2004
