Terms of Use

1. Introduction

Welcome to www.theprofessionalwingman.com (the “Website”). The website is owned and operated by The Professional Wingman, LLC (“TPW”, “us” or “we”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

2. Services 

The Consultant shall provide advice and guidelines for personal development and improvement in the Client’s dating life.  In providing these services, the Consultant makes no warranties or guarantees, express or implied, as to specific results or satisfaction of the Client.  Payment is for time, insight and guidance only, regardless of results.  

3. Consideration

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

4. Restrictions on Use | Limited License

All content contained on the Website (collectively, “Content”), such as text, graphics, logos, icons, audio and video clips, digital downloads, data compilations is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

5. Content Linked to the Website

You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from content partners that may use our Marks as part of a relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

6. Disclaimer of Warranties

The site is provided by the Website on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, TPW makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  TPW shall have no liability for any interruptions in the use of this Website.  TPW disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

7. Indemnification

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

8. Limitation of Liability

Under no circumstances shall TPW be liable for any damages, and in particular TPW shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if TPW has been advised of the possibility of such damages. APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

9. Amendment

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

10. Miscellaneous Legal Provisions

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

Updated December 2013

11. Fearless Dating (the "Live Event")

In booking attendance at a live event you warrant that you are over 18 and that you have no previous unspent criminal convictions. Our events are occasionally filmed for promotional or other purposes. You consent for your image to be used in our promotional materials. If you do not wish your image to be used, you must notify us in advance and you understand that it may not be possible to accommodate your request at a particular event. 

In the unlikeliness we have to cancel an event, due to factors beyond our control, we will notify you as soon as possible and arrange for you to be booked on to a similar event at no extra cost. You agree that TPW has no liability for any loss you may incur due to the cancellation of the event. TPW has no liability for any loss or damage you may suffer in attending a live event, other than that required by law. You warrant that you have sufficient insurance to cover any loss or damage you may suffer at any live event.

You must pay in full and in advance for any live event, unless you have arranged an alternative method of payment in advance. We reserve the right to charge your chosen method of payment if you fail to pay in advance without prior agreement. We reserve the right to refuse entry to any event if payment in full is not made in advance.

12. Live Events | Cancellation

TPW operates a credit-only system, whereby if you wish to cancel your place for a live event you are not entitled to a refund for any payment you have made, whether a deposit or payment in full, other than in accordance with your statutory rights, but may transfer this payment towards a later identical event (or one of greater value).

Deposits placed on live events guarantee the ticket price of the event for three months only, after which the price which is current at the time of attendance is applicable.

We guarantee that the event will meet your expectations. If you are unsatisfied with the event, you may at the end of the event claim a full refund by speaking to your Consultant, who is the only person who can authorize a refund. You are only entitled to claim a refund if:

a) You are making the claim for a refund in good faith;
b) You have attended the first day of the event in its entirety, including arriving on time;
c) You have made your concerns known to the event manager and given him an opportunity to rectify them.

You are not entitled to claim a refund at any other time before or after the event.

Any other live events which may be held on an occasional basis, including but not limited to Fearless Dating, will have their own cancellation and refund policy which will apply. This will be set out in the information on the event and you should read it carefully.