Last Updated: February 13, 2013
We reserve the right to update or modify this Agreement at any time and from time to time. When we make changes to this Agreement, we will revise the "last updated" date at the top of this Agreement. We encourage you to periodically review this Agreement. Your continued use of the Site after any changes or revisions to this Agreement shall indicate your agreement with the terms of this Agreement.
The Site and the Service are intended to be used only by users who are residents of the United States. Users who access the Site or the Service from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws.
Only parties that can lawfully enter into and form legal contracts may use the Site and the Service. By using the Site and/or the Service, and/or by accepting this Agreement, you represent and warrant that you are at least twenty-one (21) years old and may lawfully enter into and form binding legal contracts.
(a) Description. The "Service" is an online service provided through the Site which consists of the following components, and allows you, together with your significant other, to evaluate and explore your common interests (the "Service"):
Quiz – You and your significant other will each respond to various quiz questions (the "Quiz").
Love Kit – We will prepare a "Love Kit" for you and your significant other, including various items selected by us based on the responses to the quiz questions (the "Love Kit"), and ship the Love Kit to you, for you and your significant other to enjoy. Shipping will be via FedEx and shipped within 5 business days of order process.
(b) Registration. To access and use the Service, you register and create an account. During the registration process, you will be required to provide us with the following information for both you and your significant other: full name, email address, mailing address, and phone number. You will also be required to select a unique user name ("User Name") and a password ("Password") for your account. Each User Name and corresponding Password can only be used by you or your significant other as registered under your account. You warrant and represent that all registration information you provide to us is accurate and that you have the right to provide us with such information, and you agree to indemnify the Couples Chemistry Parties for any third party claims arising from your breach of this warranty. You are solely responsible for the confidentiality and use of your User Name and Password, as well as for any use, misuse or communications entered through the Site or the Service using the same. You will promptly inform us of any need to deactivate a User Name or Password. We reserve the right to delete or change your User Name and/or Password at any time and for any reason.
(c) Fees. You will not be charged to take the Quiz. You will be charged a $135.00 fee for the Love Kit. Upon registration, you will provide us with a valid credit card number which we will charge the fees to. Fees are payable, by credit card, if you elect to order a Love Kit.
(d) You understand and acknowledge that (i) Couples Chemistry may, as part of the Service, ship certain adult content products to you; (ii) certain states and localities have varying laws relating to the sale and/or shipment of adult content products; (iii) you are familiar with and understand the applicable laws of the state and locality in which you live and/or purchase such adult content products from or request such adult content products to be shipped; and (iv) you are making the purchase of such adult content products with full knowledge of, and in accordance with, such laws.
You acknowledge that the Site, the Service and all content available on the Site (the "Content") are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Site, the Service and all Content are and shall remain the property of us or our licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site, the Service, or any Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Site, the Service, or any Content, in whole or in part.
The following are trademarks and service marks of ours (the "Couples Chemistry Marks"):
Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Couples Chemistry Marks, without our prior written permission in each instance. All goodwill generated from the use of the Couples Chemistry Marks will inure to our benefit.
If you believe the Site contains Content that infringes your copyright, please provide the following information to our Copyright Agent, as identified below: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number and email address; (v) a 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; and (vi) 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 duly authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached at:
Attn: Copyright Agent
127A North Farabee Drive
Lafayette, IN 47905
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
The Site may periodically provide links to third party websites ("Third-Party Sites"). This Agreement governs only the Site and not any Third Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third Party Site. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the Site with any other website.
We, in our sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by us. Your correspondence or any other dealings with advertisers found on the Site are solely between you and such advertiser, and we are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on the Site.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF COUPLES CHEMISTRY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "COUPLES CHEMISTRY PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF THE SITE OR THE SERVICE. NONE OF THE COUPLES CHEMISTRY PARTIES WARRANT THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITE, THE SERVICES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE OR SERVICE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE SERVICE, AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF THE COUPLES CHEMISTRY PARTIES MAKE ANY, AND EACH HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, THE SERVICE AND ALL CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE AND THE SERVICE. You agree that you are responsible for the means you use to access the Site and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider, or other third parties involved in connecting you to the Site. You expressly absolve and release the Couples Chemistry Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. IN NO EVENT SHALL ANY OF THE couples chemistry PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, the service, OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH HEREIN, IN SUCH JURISDICTION, THE LIABILITY OF THE couples chemistry PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold the Couples Chemistry Parties harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site or the Service, or from breach by you of any of the terms of this Agreement.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Service, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Service at any time without prior notice or liability.
Miscellaneous. In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer and Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of this Agreement. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. This Agreement contains the entire agreement of the parties concerning the subject matter hereof and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by us. By assenting to this Agreement, you agree that a printed version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Thank you for your cooperation. We hope you find the Site and the Service helpful and convenient to use! Questions or comments regarding the Site or the Service, including any reports of non-functioning Site links, should sent to us via email at or via U.S. mail to 127A North Farabee Drive, Lafayette, IN 47905.