Last Updated: September 10, 2024 Please carefully read these Terms of Use in their entirety before using the Website. If you do not agree to the Terms, then please do not use the Website and please do not order any subscriptions. Part One has terms applicable to all website visitors and users. Part Two has additional Terms of Sale applicable to users making purchases on the Website and App. Part One and Part Two are collectively referred to as the “Terms.”
PART ONE: TERMS APPLICABLE TO ALL WEBSITE VISITORS AND USERS
1. Terms and Acceptance of Terms Welcome to Date Gambit! Thank you for visiting our website located at www.datewithgambit.com The following information constitutes the Terms of Use for the Date Gambit mobile apps (“Apps” and “App” and “Gambit”), Website and other Date Gambit websites, social media pages and other online services that are linked to this site or affiliated with this site, including, without limitation, their content and materials, and all of the text, graphical, audio, video, software, information, data, trademarks, logos, product and program names and other content and services available, displayed, or accessible on or through them (collectively the “Website”), and any products, services and promotions that are made available to you through the Website (“Services”) are provided to you subject to the Terms. In the Terms, Date Gambit LLC is referred to as “Date Gambit,” “Company, “we, “us” or “our,” and the term “you” refers to you. The Terms represent a binding agreement between you and Company and affect your legal rights. By accessing and using the Website, and using the services associated with Date Gambit, you agree to the terms and accept them, and you confirm that you have carefully read and agree to be bound by the Terms (as they may be updated by Company from time to time), that you agree to comply with all applicable laws, rules and regulations, that you have the legal authority to accept the Terms on behalf of yourself or any party you represent and that if you are accessing the Services through an App on a mobile device, you own or control such mobile device. Your continued use of the Website constitutes a continued agreement to be bound to the Terms and by the terms of our Privacy Policy located at: https://www.datewithgambit.com/privacy-policy and available in the App or the marketplace where the App can be purchased, (“Privacy Policy”), which governs the collection, use, and disclosure of personal information gathered on or through the Website and your consent to that policy, including the use of cookies. The terms of the Privacy Policy are incorporated into the Terms by this reference. In addition, the marketplace where the Apps are available for download may have additional terms and conditions applicable to your use and purchase of the Apps. Some programs and promotions offered by Date Gambit are provided through the use of third-party suppliers and service providers. If you join, enroll, register, pre-register, or otherwise take part in a program or promotion, you agree to be bound by the terms and conditions of such program or promotion, in addition to the Terms, and all terms incorporated by reference. [Date Gambit may discontinue, or change from time to time, any program or promotion, including any applicable, without prior notice. Some program and promotion options are only available if you utilize corresponding program features.] The Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
2. Updates to Terms and Information on Website Date Gambit may update the Terms at any time without notice to you, and the updated Terms will be posted on this page or a similar page of the Website or on any of the Apps. You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of the Terms. It is your responsibility to review the Terms each time you use the Website, including without limitation, the Apps. By continuing to use the Website, including without limitation, any of the Apps, you consent to any updated Terms. If you do not agree with any updated Terms, you must discontinue to use the Services and the Website, including without limitation, the Apps. Date Gambit has made and continues to make reasonable efforts to represent accurate and up-to-date information on the App and Website. However, it is possible that information provided and certain features may not be accurate or up-to-date. Company reserves the right to correct any errors or omissions on the Website and to change or update information on the Website at any time and without any notice, including any errors or omissions relating to product descriptions, pricing, product availability, and we apologize for any inconvenience resulting from our reserved right to cancel any subscription order or refusal to accept any product order based on incorrect or incomplete information.
3. Eligibility to Use the App and Website The Date Gambit mobile app, “Gambit” and Website are not targeted toward or intended for use by anyone under theage of 18. By using the App and/or Website, you represent and warrant that you (a) are 18 years of age or older, (b) are alegal resident of the United States and are located in the United States when you access the Website, (c) single orseparated from your partner, (d) not prohibited by law from using our Services or the App and Website. By using Gambit, you represent and warrant that you are not e) a registered sex offender in the continental United Statesand f) banned from using the App and/or Website by a representative of the Company. To use the App, Website and Services, you must be 18 years of age or older.
The Website and Services are operated and controlled in the United States, and Company does not represent or warrantthat the Website, the Services or any materials are appropriate or available for use in any location outside of the UnitedStates, and anyone who accesses the Website or Services from outside of the United States does so at their own risk andis solely responsible for complying with all applicable laws and regulations. You acknowledge that Date Gambit, in its solediscretion, may terminate access to the Website or Services at any time and will have no liability to you if your ability toaccess the Website or the Services is terminated or if the Website or the Services are discontinued. You furtheracknowledge that the Website and the Services may not be available in all locations and Date Gambit may limit theavailability in its sole discretion.
4. Registration, Account; Your Information; Investigation
Your privacy and the protection of your data on the internet are extremely important to us. Company has taken reasonable steps to protect your information transmitted over the Website from improper use; however, youacknowledge and agree that despite Company’s best efforts, transmitting data on the internet has inherent risk. By usingthe Website, you accept the risk inherent in transmitting personal data over the internet.
When the Service is accessed using a supported web browser or our App, Secure Socket Layer ("SSL"), or equivalent technology shall be employed to protect CCSD Data from unauthorized access. The service security measures shall include server authentication and data encryption. Company shall host CCSD Data in an environment using a firewall that is periodically updated according to industry standards.
All CCSD Data stored by Company shall be protected with a data-at-rest encryption product utilizing the industry standard AES-256 encryption algorithm. a) Registration; Account. You are not required to establish an account in order to access the Website. However, in order to access some of the resources the Website has to offer and to purchase a Product, you will be required to be or become a registered user. To establish a Website account, you will be asked to provide registration details, and you agree to (1) provide accurate, current and complete account information, (2) maintain and promptly update, as necessary, your account information, (3) maintain the security of your account credentials, (4) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (5) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account. If Date Gambit believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account or cancel any order you may have placed. You understand that any information you provide as part of the registration process will be treated by Date Gambit in the manner described in the Privacy Policy for the purposes described in the Terms and in furtherance of your use of the Website and the Services.
b) Your Information. During the registration process, you will be asked to select a username and password. DateGambit, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that belongs to or is being used by another person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. It is your responsibility to maintain the accuracy and confidentiality of all your personal information requested by the Website during the registration process. You are responsible for all activity (including, without limitation, purchases) that occurs under your registered account, and you agree to immediately notify the company about any unauthorized use of your account or if any of your personal information has been compromised. Date Gambit will have no liability for any loss or damage arising as a result of an unauthorized party using your personal information to access your registered account, and Date Gambit is not responsible for any delay in shutting down your account after you have reported to Date Gambit any breach of your account. c) Investigation. You further understand and agree that Date Gambit may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Website and App account. You will defend and hold harmless all Date Gambit Parties from any claims resulting from any action taken by any Date Gambit Parties or law enforcement authorities during or as a result of its investigations.
5. Disclaimer of Warranties
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS,SECURITY, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE, OR ABOUT THE PRODUCTS OR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE ATYOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE WEBSITE. THE CONTENT AND INFORMATION ON THE WEBSITE AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” ANDON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, IRRESPECTIVE OF ANY COURSE OF DEALING OR PERFORMANCE, CUSTOM OR USAGE OF TRADE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE INFORMATION CONTAINED HEREIN. COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE WEBSITE WILL MEET YOUR EXPECTATIONS, BE ACCURATE OR RELIABLE. COMPANY DOES NOT WARRANT THAT THE WEBSITE, THE SERVICES, ANY INFORMATION OR ANY OTHER SOFTWARE ACCESSED FROM THE WEBSITE WILL BE UNINTERRUPTED, THAT THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE OR UNINTERRUPTED, THAT ANY DEFECTS WILL BE CORRECTED, THAT THEY WILL PROPERLY OPERATE ON ANY SPECIFIC BROWSER OR COMPUTER, OR THAT THE WEBSITE OR ANY OTHER WEBSITE LINKED TO THE WEBSITE, THEIR SERVERS, ORANY EMAIL SENT FROM COMPANY OR ANY OF THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.COMPANY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE WEBSITE, ANY UNAUTHORIZED ACCESS TO THE SERVICES OR COMPANY’S SYSTEMS, ANY ACCESS TOOUR USE OF THE SERVICES THAT IS NOT AUTHORIZED, ANY INTERRUPTIONS OR STOPPAGE IN THE TRANSMISSIONS TO ORFROM THE SERVICES, ANY VIRUS OR HARMFUL CODE OR BUGS OR SIMILAR ISSUES THAT MAY BE TRANSMITTED THROUGH THE SERVICES OR ANY LOSS OR DAMAGES OF ANY KIND OR TYPE RESULTING FROM THE USE OF THE SERVICES OR THE WEBSITE, OR LOSS OF DATA OR ERRORS IN CONTENT. IN ADDITION, YOU EXPRESSLY ASSUME ALL RISK ARISING ASA RESULT OF THE USE OF THE SERVICES AND THE WEBSITE. COMPANY DISCLAIMS EXPRESSLY ALL WARRANTIES RELATED TO SERVICES OR WEBSITE COMPONENTS PROVIDED BY THIRD PARTIES. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
6. Limitation of Liability DATE GAMBIT PARTIES WILL NOT BE LIABLE FOR ANY CLAIMS, CLAIMS FOR RELIEF, DEMANDS, OBLIGATIONS,JUDGMENTS, ACTIONS, CAUSES OF ACTION, CHARGES, EXPENSES, OR COSTS OF ANY KIND OR DESCRIPTION WHATSOEVER, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, EQUITY, STATUTORY, WARRANTY, STRICT LIABILITY, OR OTHERWISE, OR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE OR THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, THEIR CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS,OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, ANDALL OTHER ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES,PERSONAL INJURY AND WRONGFUL DEATH, LOST PROFITS, TAX CONSEQUENCE, OR ANY DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS ON NOTICE OF THE POTENTIAL FOR SUCH DAMAGES PRIOR TO THE OCCURRENCE OF DAMAGE. DATE GAMBIT PARTIES WILL NOT BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, THE DATE GAMBIT PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION,INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE WEBSITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED $100.00. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THEUSE OF THE WEBSITE, THE PURCHASE OR USE OF PRODUCTS OR ANY OTHER SERVICES OFFERED ON THE WEBSITE MAYBE BROUGHT MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. “DATE GAMBIT PARTIES” MEANS DATE GAMBIT AND ITS AFFILIATES, LICENSORS, VENDORS, PARTNERS, AGENTS, REPRESENTATIVES, AND ANY OTHER PARTY INVOLVED IN THE CREATION, OPERATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, THE PRODUCTS AND THE SERVICES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,MEMBERS, CONTRACTORS, MANAGERS, REPRESENTATIVES, AND AGENTS, SUCCESSORS, AND ASSIGNS.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ITS CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TODISCONTINUE USING THE WEBSITE.
YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE YOUR RIGHT TO JOIN AND, IF APPLICABLE, YOU AGREE TO OPT OUT OF ANY CLASS ACTION OR COLLECTIVE ACTION AGAINST DATE GAMBIT PARTIES RELATED TO THE TERMS, THE WEBSITE, THE PRODUCTS OR THE SERVICES. YOU AGREE TO PURSUE ANY CLAIM THAT YOU THINK YOU HAVE AGAINST DATE GAMBIT PARTIES RELATED TO THE TERMS OR THE WEBSITE INDIVIDUALLY AND NOT AS A MEMBER OF ACLASS OR COLLECTIVE ACTION.
7. Indemnity and Unauthorized Access In addition to any other indemnities you may provide under the Terms, you agree to defend, indemnify, and hold harmless the Date Gambit Parties, from, and waive and release the Date Gambit Parties from all claims, suits, proceedings, losses, damages, liabilities, and expenses (including without limitation, attorneys’ fees) arising out of orbased on (a) your use (or use by any third party using your account or any Authorized User) of or access to the Website or the Services or of any material contained on the Website or in the Services, (b) your (or any third party using your account or any Authorized User) violation or breach of any of the Terms, (c) the submission or use of any content including User Content that you) or any third party using your account or any Authorized User) submitted, posted or otherwise provided to Date Gambit or the Website, (d) your (or any third party using your account or any AuthorizedUser) violation of any intellectual property rights or other rights of any Date Gambit Parties or any third party or (e) your(or any third party using your account or any Authorized User) violation of any applicable law, rule or regulation. This indemnification obligation will continue after you stop using the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any claim or matter without our prior written consent. Unauthorized access to the Website or the Services and unauthorized use of any content, material or information on the Website or the Services is strictly prohibited. You agree to immediately notify Date Gambit of any unauthorized use of your account or any other breach of security known to you.
8. Ownership and Intellectual Property Except as otherwise expressly noted, Date Gambit or its licensors (as applicable) own all right, title and interest in and to all of the Website and other intellectual property, including all copyright, trademarks, service marks, patents, logos, slogans, trade dress, product designations and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing (collectively, the “Intellectual Property”). Date Gambit does not represent or warrant that such materials do not infringe the rights of any other person or entity. Intellectual Property displayed on the Website or the Services may not be used without Date Gambit’s written authorization or license of the owner of such Intellectual Property. You acknowledge that content available on the Website, including without limitation, the content of third parties and the Intellectual Property, is protected by copyright, trademark, patent, or other intellectual property rights and laws. Access to the Website does not confer on you any license under Date Gambit’ or any third party intellectual property rights other than as expressly granted in this Section. Date Gambit hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access, download and install the current generally available version of the Intellectual Property provided to you as part of the Services, solely for your personaland non-commercial use in compliance with all applicable laws, rules and regulations. Without the express written consent of Date Gambit in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, decompile, disassemble, reverse engineer or create derivative work of or use anyIntellectual Property, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by the Terms. Any other access to the Website or Services or the use of content and IntellectualProperty is prohibited.
9. Copyright
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Website by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe in good faith that content or material on the Website infringes a copyright or other intellectual property owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to Company’s designated agent at: Date Gambit LLC, SUBJ: Copyright Agent, support@teamgambit.com
This notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work claimed to have been infringed, (c) identification of the material that is claimed to be infringing or the subject of the infringing activity reasonably sufficient to allow Company locate the material, (d) the name, address, telephone number, and email address of the complaining party, (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
10. User Conduct
You agree that while you are accessing or using the Website and the Services you will (a) comply with the Terms and all applicable laws, rules and regulations, (b) not damage or infringe upon the rights of any person or entity, (c) not act in any way that is defamatory, libelous, harassing, obscene or otherwise objectionable, (d) not engage in the commercial resale of Products without the prior written consent of Date Gambit or (e) not affect or interrupt or attempt to affect or interrupt operation of the Website or the Services. You agree that you are solely responsible for your conduct, your Authorized User’s conduct and the conduct of any third parties using or accessing your account, while accessing or using the Website and the Services.
You must provide equipment, Internet connections and mobile devices and mobile device service plans to enable you to access and use the Services, and the Website, each at your sole expense. Some network providers may not allow you to download, install or use the Website or the Services and some Apps may not work with your mobile device or the service provided by you mobile device provider’s service plan or in certain locations.
In addition, you will not: ● Engage in any harassing, threatening, intimidating, predatory or stalking conduct; ● Disrupt or interfere with the security of, or otherwise abuse, the Website, the Services, any material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website, affiliated or linked websites or the Services; ● Use or attempt to use another User’s account without authorization from such User and Website; ● Lie about your age or any other identification factors as requested during the onboarding process ● Use a fake, stolen, or falsified account to provide identity verification during Gambit onboarding, including, but not limited to: Linkedin, Instagram, and Facebook ● Use the Website or the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website pr the Services or that could damage, disable, overburden or impair the functioning of the Website in any manner; ● Modify, disassemble, tamper with, create derivative works of, or reverse engineer any aspect of the Website or the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Website or the Services; ● Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website or the Services that you are not authorized to access; ● Develop any third party applications that interact with the Website or the Services without our prior written consent; ● Make the Apps accessible available over a network where they can be used or downloaded by multiple users; ● Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website or the Services, extract data, “data mine” or otherwise interfere with or modify the rendering of the Website’s pages or the Services or their functionality; provided however, that you can remove the Apps from a mobile device that you own or control. ● Intentionally hold Date Gambit and/or its employees and/or directors and/or officers and/or managers up to public scorn, ridicule and/or defamation; ● Use the Website or the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates the Terms; ● Post prohibited content including nudity, ● Create hyperlinks from other websites to the Website, unless expressly permitted in writing by Date Gambit; ● Post any content, including without limitation, User Content (as defined below) that (i) is offensive, unlawful, harmful, abusive, defamatory, pornographic, threatening, or obscene; (ii) impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, libelous, deceptive, or misleading; (iii) involves commercial or sales activities, such as advertising, promotions, contests, sweeps takes, or pyramid schemes, that are not expressly authorized in writing by Date Gambit or (iv) you do not have a right to make available under any law or under a confidential or fiduciary obligation or agreement; or ● Use any device or computer program that interferes with or attempts to interfere with the operation of theWebsite or the Services, including any activity that precedes attempts to breach security.
11. User Content and Feedback
Date Gambit’s collection and use of personally identifiable information, which may be included in content Users of the Website provide through the use of the Website, social media channels, by Users posting such information on social media, or otherwise, is subject to the Privacy Policy. Users of the Website and social media channels may post, upload, or otherwise contribute feedback, comments and reviews of Products and the Services and certain other materials related to Date Gambit or its Products or Services on the Website or on social media channels (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). Any User Content you post on the Website or social media channels that relates to Date Gambit or its Products and Services will be deemed NOT TO BE CONFIDENTIAL and is subject to the Terms in addition to the terms of use and privacy policies of such social media channels, and you specifically acknowledge and agree that Date Gambit can post any User Content that you post on social media channels on the Website, paraphrase the User Content and attribute it to you. You grant Date Gambit an unrestricted, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, translate, modify, paraphrase, create derivative works from, and distribute any of your User Content, along with your name or any part thereof, your city of residence, through any medium, whether alone or in combination with other materials, in any manner and by any means, method or technology, for any purpose whatsoever without any compensation or attribution to you or any other person, including without limitation on the Website. You hereby waive any right to inspect or approve any such use by Date Gambit, and you waive, release, and hold harmless the Date Gambit Parties from and against any and all claims and liabilities arising from DateGambit’s use of your User Content on the Website.
You represent and warrant that, with respect to any User Content you post on the Website or social media channels that relates to Date Gambit or its Products or Services, (a) you own or otherwise control all of the rights to the User Content, (b) such User Content is true, accurate and not misleading, (c) such User Content or the displaying, publishing or posting publicly and using the User Content by Date Gambit as contemplated by the Terms by posting it on the Website and as otherwise set forth in the Terms, does not violate the Terms or applicable law, and does not infringe or violate the intellectual property rights, including without limitation any copyright, privacy rights or other rights of any third party or imply any affiliation with or endorsement of you or your User Content by Date Gambit (d) Date Gambit will not need to obtain licenses from any third party or pay royalties to any third party for its use of User Content, and (e) such User Content complies with the Terms and all applicable laws, rules and regulations.
Date Gambit reserves the right, in its sole discretion to, but has no obligation to, monitor, review, paraphrase or edit User Content that it posts on the Website. In all cases, Date Gambit reserves the right to remove, edit or disable access to anyUser Content that we post on the Website for any or no reason. Date Gambit may take these actions without prior notification to you or any third party. Removal, editing or disabling of access to User Content on the Website shall be a tour sole discretion, and we do not promise to remove, edit or disable access to any specific User Content. Date Gambit shall have no liability to you or any other user arising from such actions or inactions. You are solely responsible for all User Content that you post on social media channels and on the Website and that we post on the Website. Under no circumstances will the Date Gambit Parties be liable in any way for any User Content, including without limitation, any errors or omissions in any such User Content or for loss or damage of any kind incurred as a result of the transmission or posting of such User Content through the Website or the Services, and Date Gambit does not endorse any opinion contained in any User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST DATE GAMBIT RELATED TO USER CONTENT THAT YOU POST ON THE WEBSITE OR ON SOCIAL MEDIA CHANNELS THAT DATE GAMBIT POSTS ON THE WEBSITE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE DATE GAMBIT PARTIES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
If users post content related to Gambit on social media, including but not limited to screenshots, reviews, or any other materials associated with our Company and services, Gambit reserves the right to repurpose, reproduce, and use such content in connection with our business activities without the need for further permission or payment. This includes, but is not limited to, using the content for marketing, promotional, or informational purposes. By posting Gambit-related content on social media, you grant Gambit a perpetual, royalty-free, and irrevocable license to utilize such content as described.
You grant Date Gambit and its affiliates, licensees, assignees, and designees an irrevocable, unrestricted, assignable, transferable, sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to use, disclose, copy, transmit, distribute, reformat, reproduce, modify, incorporate, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display, and otherwise use your User Content, along with your name or any part thereof, your city/town/village of residency, photograph, voice, likeness, and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes (including, without limitation, in marketing, advertising, and promotions) without compensation or attribution to you or anyone else. You hereby waive any right to inspect or approve any such use by Date Gambit.
You waive, release, and hold harmless the Date Gambit Parties from and against any and all claims and liabilities arising from Date Gambit’s use of your User Content on the Website.
If you provide reviews, feedback, ideas or suggestions to Date Gambit in connection with a purchase of a Product or use of our Services (collectively, “Product Reviews and Feedback”), any such Product Review or Feedback is considered User Content, and you acknowledge that any such Product Review or Feedback is not confidential and you authorize Date Gambit to use the Product Review and Feedback without restriction and without payment to you. If you provide Product Reviews and Feedback, you agree to state your opinions lawfully, honestly and in good faith and to reveal in your Product Reviews and Feedback any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All ProductReviews and Feedback are strictly the opinion of the user posting such reviews, and Date Gambit does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. Gambit retains the right to remove reviews and content from the App Store and any corresponding channels that theCompany deems inappropriate, offensive, or in violation of our policies. This includes, but is not limited to, content that is discriminatory, abusive, fraudulent, or otherwise unacceptable. The decision to remove content is at Gambit’s sole discretion, and we are not obligated to provide reasons for such actions. Additionally, Gambit retains the right to publish and repurpose user reviews in any location and manner we see fit. By using the App, you acknowledge and agree to ourright to moderate, manage, and utilize content in accordance with our standards and policies.
12. Risks related to the Internet; Liability for Computer System You acknowledge and agree that hardware, software, and internet connections can fail, and agree that the Company is not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software, or any equipment used to access the internet. You acknowledge and agree that any activity on the Website is subject to monitoring by Company at any time and that Company may use the information obtained from such monitoring in any way, without any limitation, subject to applicable laws.
You acknowledge and agree that despite Company’s best efforts to protect your data, third parties may illegally access the Website and compromise such data contained hereon and use such data for illegal purposes. You agree that any potential liability to Company arising from any data breach of any data maintained by Company and/or the Website is limited by the Limitation on Liability provisions set forth in the Terms. You specifically agree to disclaim Company from any liability whatsoever arising from any breach of data related to the Website.
Complete confidentiality and security is not possible over the Internet. Use of the Internet, the Website and the Services and communications over the Internet, the Services and through the Services are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to Date Gambit by email, unless adequate security measures are in place in order to ensure the security of the transmission. Date Gambit, its agents and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to Date Gambit. You assume all risks related to such communications. You are solely responsible for securing any device used to access the Services and the Website from unauthorized access, including by using passwords and encryption through settings on your devices.
Date Gambit and its agents and employees do not assume any liability whatsoever for any unauthorized access to your computer system or mobile device by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
13. Third Party Websites and Content; Links The Website may contain links to other websites that are not owned, operated, or maintained by Date Gambit, including links to social media platforms (“Third Party Websites”). These links to Third Party Websites are provided solely for your convenience and all correspondence and business dealings between you and such third parties on the Third Party Websites are solely between such you and such third parties. Date Gambit does not endorse, and is not responsible or liable for, the content on the Third Party Websites, your use of the Third Party Websites or any loss or damage you may incur as a result of such use or dealings. Date Gambit makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of or accuracy or completeness, such Third Party Websites. You access Third Party Websites at your own risk and by accessing Third Party Websites you leave the Website. As a result, you acknowledge and agree that Date Gambit has no liability or responsibility, directly or indirectly, for any damages or loss you may incur in connection with your use of such Third Party Websites or in connection with any of the information you receive from or submit to such Third Party Websites or in connection with any content, products or services available from such Third Party Websites. References on the Website to any Third Party Websites are not an endorsement or recommendation of any third party or any products or services. Use of the Third Party Websites may also be subject to you agreeing to separate binding agreements, including terms of service and privacy statements, which can be found on the Third Party Website if applicable. You should read the terms of service, privacy policies, and any other user agreements of the Third Party Website before using the Third Party Website. You acknowledge and agree that your interactions with third parties providing Third Party Websites are solely between you and such third parties. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website are solely between you and such third parties. You agree that Date Gambit will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
14. Third Party Services and Content and Third Party Images
Date Gambit provides the App, which may include Third-Party Images licensed from or provided by third parties. The Company makes no warranties regarding the ownership or rights associated with such images and disclaims any responsibility for ensuring that their use complies with applicable laws or third-party rights. The User is solely responsible for obtaining necessary permissions and licenses for the use of Third-Party Images and agrees to indemnify and hold harmless the Company from any claims or damages related to such use. The Company shall not be liable for any claims, losses, or expenses arising from the use of Third-Party Images in the App, and reserves the right to modify or remove such images without prior notice.
15. Removal of Apps
You can remove and uninstall an App in the manner allowed by your mobile device. Instructions can be found in the application manager that is provided with your mobile device. If you have a paid subscription for the Services through an App, uninstalling and removing the App from your mobile device will not cancel the payments due for the Services or any renewal payments due. Gambit subscriptions will operate on an auto-renewal basis, as clearly defined in the Product. Please refer to the cancellation instructions set forth in Part Two. 16. Termination or Suspension
You acknowledge and agree that Date Gambit, in its sole discretion, may terminate or suspend your use of the Website or the Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Date Gambit will not have any liability whatsoever to you or any third party for any termination or suspension of your access to the Website or if the Website is discontinued. All provisions of the Terms that by their nature are intended to survive termination of the Terms will survive.
17. Updates
Date Gambit reserves the right to make modifications or add or remove features or functionality of the Website or the Services at anytime. The Apps will periodically communicate with Date Gambit’s servers after they are installed on your mobile device and the Apps may be required to be updated when new features are made available by Date Gambit or when we release a new version of the Apps, and such updates may occur automatically without prior notice to you. In connection with any updates, Date Gambit may require you to review and accept new or updated Terms prior to you being able to use or access any updates. Date Gambit reserves the right to cease providing support for any prior versions of the Apps and the right to not make available to you any updates or updated versions of the Apps or the Services.
18. Governing Law By accessing the Website, you agree that the laws of the State of Florida, USA without regard to conflict of laws principles will apply to all matters related to the use of the Website and the purchase of Products and Services.
19. Customer Service
Please contact our customer service team, who are ready to help you and answer your questions by email at support@teamgambit.com ; In the event that our customer service team is not able to resolve your concern, by using the Website, you agree that all claims relating to the use of the Website, including without limitation, all claims or disputes arising out of or relating to any Products or Services purchased from Date Gambit through the Website will be entirely resolved through binding individual arbitration, rather than in court.
20. Dispute Resolution; Arbitration Agreement PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DATE GAMBIT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring disputes or claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this arbitration agreement constitutes a waiver of your right to litigate disputes and claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this arbitration agreement and can award the same damages and relief as a court (including attorney’s fees).
a) Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against Date Gambit, you agree to try to resolve the dispute informally by contacting us at Date Gambit, LLC at support@teamgambit.com We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days from our receipt of notice of such dispute, you and/or Date Gambit agree to resolve any claims related to the Terms, the Website, the Products and Services, if applicable, through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY CLAIM BY YOU OR US AGAINST THE OTHER MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM ARISES, OTHERWISE THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU OR WE WILL NO LONGER HAVE THE RIGHT TO ASSET THAT CLAIM AFTER THE ONE YEAR PERIOD.
b) Opt-Out Rights. You can opt-out and decline this agreement to arbitrate by contacting Date Gambit within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.,: the date you initially accepted the Terms). You must write to us at Date Gambit LLC, SUBJ: Opt-Out Arbitration, support@teamgambit.com If you opt out, neither you nor Date Gambit can require the other to participate in an arbitration proceeding. c) Arbitration Procedures. Except in the event the dispute meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all disputes shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, oft he American Arbitration Association (the “AAA”). The arbitration will be conducted before a single arbitrator. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
d) Exceptions to Agreement to Arbitrate. Either you and/or Date Gambit may assert claims, if they qualify, in small claims court in Cook County, Illinois. Date Gambit may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Website, breach of Date Gambit’s confidential information and/or intellectual property infringement(for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
e) Class Action Waiver. You and Date Gambit agree that any dispute arising out of or related to the Terms, theWebsite, the Products or the Services is personal to you and Date Gambit and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Date Gambit agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals (“Class Action Waiver”). You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Date Gambit and is non-severable from this arbitration agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then this arbitration agreement shall be null and void.
f) Authority of Arbitrator. As limited by the Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or are presentative action, which is prohibited by the Terms.
g) Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, or if you opt-out in accordance with subsection (b) above, you and Date Gambit agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of St. Johns County Florida. Both you and Date Gambit consent to the foregoing venue and jurisdiction.
21. Compliance with Law
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside. The Services and the underlying technology and information are subject to U.S. and international laws, rules and regulations that govern the import, export, use and downloading and use of the Services and the Website. You may not use, export, or re-export or use the Products or the Apps or any copy or adaptation in violation of any applicable laws or regulations including without limitation, United States, Canadian or European export laws and regulations.
22. No Amendments or Supplements to The Terms
No employee of Company is authorized to make any statement that adds to or amends any of the warranties or limitations contained in the Terms. You acknowledge and agree that oral statements made about the Website or about information contained in the Website do not constitute warranties, will not be relied on by you, and will not be binding or enforceable. No supplement or amendment of the Terms will be binding unless set forth in writing by an authorized officer of Company or posted on the Website.
23. Nondiscrimination; Accessibility Notice
Date Gambit complies with all federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. While Date Gambit may not be a “place of public accommodation” under the Americans with Disabilities Act of 1990, accessibility of the Website to people with disabilities is extremely important to DateGambit. Date Gambit believes that the Website is accessible to people with disabilities, and is compatible with standard screen readers used by people who are blind and visually-impaired. If you believe that the Website is inaccessible to you for any reason, please email support@teamgambit.com and a Date Gambit representative will assist you.
If you believe that you are suffering discrimination based on your disability in using the Website, before initiating any legal action against Date Gambit arising from such discrimination, you agree to first provide written notice of the perceived discrimination to Date Gambit at the contact address set fort in this document, to allow 60 days for Date Gambit to acknowledge receipt of the complaint, and to allow an additional 120 days for Date Gambit to cure the issue.]
24. Additional Terms and Information
Part One of the Terms of Use and the Terms of Sale in Part Two of the Terms of Use constitutes the entire agreement between you and Date Gambit regarding your use of the Website and the purchase of Products and Services from Date Gambit and supersedes any prior agreements between you and Date Gambit regarding your use of the Website and the purchase of Products and Services. If you live in certain jurisdictions, you may have additional rights in addition to those set out in these Terms. If any provision in the Terms is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision of the Terms in any jurisdiction, and the remainder of the Terms will remain in full force and effect. The Terms apply while you are accessing the Website and remain in effect thereafter. In the event that the Website is no longer accessible to you or is terminated, the provisions set out above in Ownership and Intellectual Property, User Content and Feedback, Limitation of Liability, Disclaimer ofWarranties, Indemnity and Unauthorized Access, Governing Law and Dispute Resolution; Arbitration Agreement and the provisions contained in Part Two below and the Privacy Policy will survive any termination of the Terms and will continue to remain in effect and apply to you. [Some services, products and promotions provided by Date Gambit are subject to additional terms and conditions. DateGambit suggests that you review all terms and conditions that may apply to you. Certain terms are available at: https://www.datewithgambit.com/terms-conditions]
25. U.S. Governmental Rights
Each of the documentation and the software components that constitute the Services is a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if the user is an agency of the U.S. Government or any contractor therefore, Customer only receives those rights with respect to the Services andDocumentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R.§ 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government users and their contractors.
26. Contact Us
To contact us regarding these Terms or the operation of the Website itself, or for any reason required by these Terms, please contact us at the following: support@teamgambit.com and a representative of the Company will assist you.
27. Apple App Store Terms
If you access our Services or our mobile app on a mobile device branded by Apple Inc. (“Apple”), you acknowledge and agree as follows:
a) Acknowledgement. The Terms are concluded between Date Gambit and you, and not with Apple, and DateGambit, and not Apple, is solely responsible for our Services and the mobile app and the content thereof.
b) Scope of License. The license granted to you for our mobile app under the Terms is limited to a non-transferable license to use our mobile app on any Apple-branded products that you own or control and as permitted by theApple Usage Rules set forth in Apple’s App Store Terms of Service, except that our mobile app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
c) Maintenance. Date Gambit is not obligated to provide any support or maintenance services for our mobile app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our mobile app.
d) Warranty. Date Gambit is solely responsible for any warranties, whether expressed or implied by law to the effect not effectively disclaimed under the Terms. In the event of any failure of our mobile app to conform to any applicable warranty not effectively disclaimed under the Terms, you may notify Apple, and Apple will refund the purchase price for our mobile app; and you agree that, to the maximum extent permitted by applicable law,Apple will have no other warranty obligation whatsoever with respect to our app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be DateGambit’s sole responsibility.
e) Liability. Except as expressly set forth in the Terms, Date Gambit, and not Apple, is responsible for addressing any claims of yours or any third-party relating to our mobile app or your possession and/or use of that mobile app, including but not limited to: (i) product liability claims; (ii) any claim that our mobile app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f) Intellectual Property Rights. In the event of any third-party claim that our mobile app or your possession and use of our mobile app infringes any third-party’s intellectual property rights, Date Gambit, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
g) Legal Compliance. You represent and warrant that you (i) are not located in a country that is subject to a U.S.Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) are not listed on any U.S. Government list of prohibited or restricted parties.
h) Name and Address. If you have any questions, complaints, or claims with respect to our mobile app, they shouldbe directed to us as specified in Section 26 of the Terms.
i) Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the mobile app.
j) Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of the Terms and upon your acceptance of the Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
PART TWO: ADDITIONAL TERMS APPLICABLE TO WEBSITE USERS PURCHASING SUBSCRIPTIONS
DATE GAMBIT’S TERMS OF SALE (“TERMS OF SALE”)
Thank you for your Date Gambit purchase! We are excited to have you as a Date Gambit customer. The Terms of Sale apply to you and us when you purchase a subscription for the Services from Date Gambit . Please read the Terms of Sale carefully and if you purchase a subscription for Services (“Subscription”) through the Website, you are agreeing to and are bound by both the Terms of Sale and our Terms of Use set forth in Part One above (collectively, the “Terms”). All terms not defined in this Part Two are defined in Part One above.
We do not sell any of our Products to persons under the age of 18. If you are under the age of 18, you must purchase Products only with the involvement of a parent or legal guardian.
1. Product Orders and Subscriptions
By purchasing a Subscription on the App or Website, a contract of sale arises when Date Gambit allows you to download and engage the Products and/or Services. The Terms in effect at the time you place an order for our Products will apply. By downloading the App, you confirm you have read the Terms and agree to and accept them without reservation. We reserve the right to make changes to the Terms from time to time, and any such changes will apply to future orders. If any provision set forth in the Terms is not enforceable, it will not affect any other provision.
If you wish to purchase Products on the Website, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other payment information to Date Gambit third party payment processor and your information related to the provider of hardware for use with the Products and the provider of customer service and troubleshooting for the Products. You understand that any such information will be treated by Date Gambit in the manner described in its Privacy Policy, and by such third party providers in the manner described in such third party providers’ privacy policies. You represent that all information that you provide to Date Gambit and to such third party providers will be accurate, current, and complete, and you acknowledge that Date Gambit may share information about your transaction and about you with other companies for the purpose of transaction processing, provision of hardware for use with the Products, and fraud prevention in accordance with our Privacy Policy.
By subscribing to Gambit, you agree that your subscription will automatically renew at the end of each billing cycle (e.g.,monthly) at the then-current subscription rate, unless you cancel your subscription prior to the end of the current billing cycle. It is your responsibility to manage and cancel your subscription through the App or your account settings before the next billing cycle begins to avoid any additional charges. The Company is not liable for any charges incurred due to your failure to cancel your subscription in a timely manner. All subscription fees are considered non-refundable, and cancellation will take effect at the end of the current billing period.
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Products without notice, even if you have already placed your order. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.
To the fullest extent permitted by law, Date Gambit may, in its sole discretion, choose to cancel your order in certain circumstances, even if you received an automated confirmation (for example, when information on the Website is found to be inaccurate or when we suspect the request is fraudulent). If Products you ordered are out of stock, we will notify via email and either cancel your order or provide you with a refund.
All Products and Services are at all times subject to the disclaimers contained in the Terms.
Any Products or Services mentioned on the Website or provided by Date Gambit are made available in accordance with local law and only where they may be lawfully offered for sale. Date Gambit does not claim that the information on theWebsite is appropriate for or applicable to your jurisdiction or that the Products described on the Website will be available for purchase in all jurisdictions.
2. Errors Regarding Product Pricing and Descriptions
There may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, Date Gambit will not be liable for these inaccuracies, omissions, or errors. Date Gambit will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. If a price is listed incorrectly, you agree that Date Gambit will not be bound by that incorrect price unless you have already been charged for that purchase. If you have not been charged and we notice a mistake, we will let you know the correct price and you can decide if you wish to proceed with the order at the correct price. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations. Any corrections or resolution of errors made by Date Gambit will be at the sole discretion of Date Gambit.
3. Prices for Products
All prices for Products are in U.S. Dollars. Taxes are additional. Date Gambit reserves the right to change prices at anytime without notice; you will be charged for the Products on the basis of the correct prices offered at the time of order.
You agree to pay all charges and losses incurred in connection with your purchase, including all applicable taxes.
4. Payments and Subscriptions
Date Gambit uses a third-party payment processing company and a third-party processing gateway to process your orders (“Payment Processors”). We do not collect or store your credit card information. Date Gambit is not responsible for error by the Payment Processors. By choosing to purchase a Product from the Website, you authorize us, through the Payment Processors, to charge your chosen payment provider (“Payment Method”) the total amount of your order, including the price of the Product and any applicable taxes and shipping and handling charges. You represent and warrant that you have the right to use the Payment Method that you use in connection with a purchase on the Website.
You must provide current, complete and accurate information for your Payment Method. If the Payment Method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or canceled, and your order canceled. Gambit will adjust credit card payment amounts should there be an error in proper processing.
Date Gambit’s Payment Processors currently are Approvely and Apple Pay. If you use these methods, you agree to their terms of service and privacy policies located at their company websites.
5. Refunds; Product Replacement
If you are not satisfied with any Products received, please contact Date Gambit customer service at support@teamgambit.com All sales of Products are final unless Date Gambit, in its sole discretion, confirms an issue that is brought to Date Gambit attention within 24 hours of the date that the order is placed, that would entitle you to are fund or partial refund. In the case of refunds, we will carry out the reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until you have supplied evidence of the issue with the Products, including photos, explanations, and supplemental customer information as requested by our support team.
6. Order Changes and Cancellations
You cannot cancel or change your order once it is placed for the specified period of your subscription service with Gambit. You can cancel your subscription at any time as long as it precedes the start of the next billing cycle, which will commence on the last day of each month. Users may delete their account at any time through the designated functionality in their profile settings. See Gambit’s Privacy Policy in order to review how we manage, process, store, and consider your data after subscription cancellation and/or account deletion.
Customer Service If you have any problems with your order, please contact our customer service team, who are ready to help you and answer your questions by email at support@teamgambit.com
In the event that our customer service team is not able to resolve your concern, by using the Website, you agree that all claims arising out of or relating to any Products or Services purchased from Date Gambit will be entirely resolved through binding individual arbitration, rather than in court in accordance with the terms described in Part One.
7. Exclusivity of Remedy; Disclaimer of Warranties and Limitation of Liability
Your sole and exclusive remedy, and Date Gambit’s sole and exclusive liability, for any claims arising under the Terms in connection with your purchase of a Product, shall be your right to contact customer services to discuss the receipt of a refund or a replacement Product under our refunds and Product replacement policy described above.
Please see Section 5 (Disclaimer of Warranties) and Section 6 (Limitation of Liability) of Part One for provisions regarding disclaimer of warranties and limitation of liability applicable to the purchase and use of the Products and Services.
8. Notice for California Users
California Civil Code Section 1789.3 provides that California residents may file grievances and complaints with theComplaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1624North Market Blvd., Suite N112, Sacramento, CA 95834 or by phone at (800) 952-5210.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us: