Terms of Use

Set forth below are the Terms of Use (these “Terms of Use”) governing the family of websites including EvanMarcKatz.com and any web sites located at the root URLs www.EvanMarcKatz.com, which may expand or change from time to time (collectively referred to herein as the “Website”). As used herein, the term “EvanMarcKatz.com” refers to e-Cyrano.com d/b/a EvanMarcKatz.com, the sole owner and operator of the Websites, and its officers, directors, employees, agents, and affiliates.  The term “you” or “your” refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation accessing or using the Website.

THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND EVANMARCKATZ.COM  AND, BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY.

  1. Use of this Web site is conditioned on the acceptance, without modification, of all Terms of Use set forth herein. By using the Website, you represent that you have read and understand the Terms of Use and that you agree to be bound by these Terms of Use as set forth below.
  2. EvanMarcKatz.com may modify these Terms of Use from time to time in its sole discretion. When such modification is made, EvanMarcKatz.com will post a revised version of these Terms of Use on the Website. Modifications will be effective when they are posted. EvanMarcKatz.com is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms of Use from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
  3. If you do not agree with the Terms of Use of the Website and do not wish to be bound by them, please do not use the Website or download any materials from the Website.
  4. EvanMarcKatz.com reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to the Website or any portion of the Website, at any time and without notice or liability.
  5. Although all information and materials carried on the Website are believed to be reliable, EvanMarcKatz.com makes no representation, neither expressly nor impliedly, as to the accuracy, completeness, timeliness or reliability of the material or any information on the Website. By using the Website or by relying on any of the materials or information carried on the Website, you assume all the risk and responsibility arising out of use or reliance on the Website. EvanMarcKatz.com expressly disclaims any warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose or against infringement. EvanMarcKatz.com shall not be liable to you or anyone else for any loss or damages whatsoever, including, but not limited to any direct, indirect, special, consequential, incidental, punitive or other damages, arising out of the use of or inability to use the Website or any services offered on or in affiliation with the Website.

Copyright/Use of Materials Found on the Website

The Website and its contents, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of EvanMarcKatz.com, its licensors, designers, or other providers of such materials (unless otherwise noted) and is protected by United States and international laws relating to copyrights, trademarks, patents, trade secrets and other intellectual property or proprietary rights, and may not be used or exploited in any way without our prior written consent. In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the Website, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video audio files on the Website. EvanMarcKatz.com tries to ensure that the Content is accurate and complete. Your use of the Website is at your risk. EvanMarcKatz.com does not warrant that the functional aspects of the Website or the Content will be error free or that the Website, the Content or the server that makes it available are free of viruses or other harmful components. EvanMarcKatz.com and its suppliers make no representations or warranties about the Content or about results to be obtained from using the Website. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Website. EvanMarcKatz.com reserves the right to withdraw, temporarily or permanently, any Content from the Website at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Website, you acknowledge, agree and confirm that EvanMarcKatz.com is not liable to you or any third party for any such withdrawal. Neither the Website nor any Content shall be used by any person to post, transmit, display, publish, distribute or otherwise exploit content or other materials that (1) violates these Terms of Use; (2) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others; (3) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually-explicit or parody images or text, chain letters or pyramid schemes; or (4) violates applicable laws, rules and regulations, including without limitation, consumer protection, privacy and trade laws and regulations.

You may print Materials found on the Website for your personal use on the condition that you include any copyright notice originally included with the Materials on all copies. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.

Trademarks

The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on this Website are owned by EvanMarcKatz.com or its subsidiaries, in the United States and other countries. The Marks (including Love U – Understand Men. Find Love.) may not be used in connection with any product or service that is not offered by EvanMarcKatz.com. All other trademarks not owned by EvanMarcKatz.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EvanMarcKatz.com or its subsidiaries. No license or right to use any Marks contained on this Website is granted, whether by implication or otherwise, and any use of any Marks contained on this Website is expressly prohibited unless authorized in writing by the owner of the applicable Marks. All rights not explicitly granted herein are reserved.

Third-Party Sponsored Content

From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”). When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of EvanMarcKatz.com and EvanMarcKatz.com accepts no responsibility for any such third-party opinions and views.

Use of RSS feeds

RSS is a free service offered by EvanMarcKatz.com for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertisement associated with or targeted towards the RSS Content, are strictly prohibited. you must use the RSS feeds as provided by EvanMarcKatz.com, and you may not edit or modify the text, content or links supplied by EvanMarcKatz.com. For web posting, reprint, transcript or licensing requests for EvanMarcKatz.com material, please send your requests to [email protected].

License and Site Access

EvanMarcKatz.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EvanMarcKatz.com or unless that page explicitly allows redistribution (e.g. — personal essays and/or online dating profiles). This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EvanMarcKatz.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EvanMarcKatz.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing EvanMarcKatz.com’s name or trademarks without the express written consent of EvanMarcKatz.com. You also agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without EvanMarcKatz.com’s prior written consent in each instance;

Use any device, software or routine that interferes with the proper working of the Website.
disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way;

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

Delete or alter any Website content; or

Otherwise attempt to interfere with the proper working of the Website.

 

Any unauthorized use terminates the permission or license granted by EvanMarcKatz.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of EvanMarcKatz.com so long as the link does not portray EvanMarcKatz.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any EvanMarcKatz.com logo or other proprietary graphic or trademark as part of the link without express written permission.

You may need your own account (“Account”) to use certain aspects of the Website, and you may be required to be logged in to the Account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your Account. You are responsible for maintaining the confidentiality of your Account information for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account. EvanMarcKatz.com does sell products or services for people under age 18, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use EvanMarcKatz.com only with involvement of a parent or guardian. EvanMarcKatz.com and its affiliates reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in their sole discretion.

All items purchased from EvanMarcKatz.com are sent through email. EvanMarcKatz.com will make every possible effort to deliver your order to you on time to your email address, but we cannot be responsible for technical difficulties related to the checking of your personal email account. We will make every effort to send your order to another email account specified by you if you encounter email difficulties.

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Services and Products

EvanMarcKatz.com is committed to providing exceptional coaching and writing services for active participants in the dating community; however, EvanMarcKatz.com is under no legal obligation to refund the purchase price of any coaching or writing service under any circumstance unless explicitly put forth by EvanMarcKatz.com. EvanMarcKatz.com will seek to satisfy every customer in a reasonable way through extended and reasonable consultant interaction, but does not offer refunds, except for Why He Disappeared, Believe in Love, and Finding the One Online as follows.

Why He Disappeared: there is a 30-day money-back guarantee on the eBook/audio for Why He Disappeared if you’re dissatisfied with the content.

Believe in Love: there is a 30-day money-back guarantee on the eBook/audio for Believe in Love if you’re dissatisfied with the content.

Finding the One Online: there is a 30-day money-back guarantee on the eBook/audio or CD set for Finding the One Online if you’re dissatisfied with the content.

Please Note: Why He Disappeared, Believe in LoveFinding the One Online are the ONLY products for which EvanMarcKatz.com offers full refunds.

e-Cyrano.com: there are no refunds for e-Cyrano profile writing. We will do our best to reasonably satisfy a Gold or Platinum profile client by a) offering a partial refund, minus writers fees or b) get another writer assigned at cost, however there are no full refunds under any circumstances for the service. There are also no refunds for Silver profile critique service, Photo Critique service or Username/Headline writing. Terms of Use are available on e-Cyrano itself.

Love U coaching: there are no refunds for Love U Live, Masters or Elite coaching clients. In extreme circumstances — injury, illness, or family tragedy — coaching sessions may be put on hold (but not refunded) at the mutual discretion of coach and client.

Love U digital only: there is a 30-day money-back guarantee if you ask for a refund within the first 30 days and explain why the course isn’t working for you.

Communications and Content

Visitors may send comments and other content; send other communications; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act.

If you do post content or submit material, and unless we indicate otherwise, you grant EvanMarcKatz.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to edit, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content subject to the Privacy Agreement. You represent and warrant that you own or otherwise control all of the rights to the content that you write, that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EvanMarcKatz.com or its affiliates for all claims resulting from content you supply. EvanMarcKatz.com has the right but not the obligation to monitor and edit or remove any activity or content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. EvanMarcKatz.com reserves the right (but not the obligation) to remove or edit such content. EvanMarcKatz.com takes no responsibility and assumes no liability for any content posted by you or any third party.

All e-mail sent to the e-mail addresses of EvanMarcKatz.com becomes the property of EvanMarcKatz.com. EvanMarcKatz.com reserves the right, but shall not be obligated to, publish any email message received, in whole or in part, or make such other use as EvanMarcKatz.com in its sole discretion sees fit.

Parties other than EvanMarcKatz.com and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. EvanMarcKatz.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. EvanMarcKatz.com does not intend any such links to third-party web sites to imply EvanMarcKatz.com’s sponsorship or endorsement thereof. Your use of such web sites is at your own risk and you should carefully review their privacy statements and other conditions of use.

You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without EvanMarcKatz.com’s express prior approval, contains advertising or any solicitation with respect to products or services.

 

You also agree not make any remarks or adverse statements, in any and all media (e.g., in writing, orally or on the internet via, among other things, blogs, message boards and social networks), about EvanMarcKatz.com or any EvanMarcKatz.com Affiliates (defined below) including, without limitation Evan Marc Katz, that could reasonably be construed as disparaging or defamatory, or to cast EvanMarcKatz.com or any EvanMarcKatz.com Affiliates in a negative light, or harm EvanMarcKatz.com or any EvanMarcKatz.com Affiliates’ current or prospective business plans.  

Warranty Disclaimer

You expressly agree that use of the Website and related services is at your sole risk. The Website, materials and related services are provided on an “as is” and “as available” basis. EvanMarcKatz.com makes no representations or warranties with regard to the Website or any materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, EvanMarcKatz.com makes no representation that the operation of the Website will be uninterrupted or error-free. EvanMarcKatz.com will not be liable for the consequences of any interruptions or errors on the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice, information or other content or materials provided in connection with or otherwise available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information or other content. Under no circumstance will EvanMarcKatz.com be liable for any loss or damage caused by your reliance on information obtained through the Website, other than as required under applicable consumer-protection law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of certain types of damages, so some of the above disclaimer may not apply to you and nothing contained herein should be construed as excluding or limiting any liability beyond what is permitted under applicable law.

Limitation of Liability

By availing yourself of the Website, Materials or related services, you agree to release and hold EvanMarcKatz.com and the employees, officers, directors, shareholders, agents, representatives of EvanMarcKatz.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with EvanMarcKatz.com, any third-party providers or sources of information or data and legal advisers (collectively, “EvanMarcKatz.com Affiliates”) harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of EvanMarcKatz.com that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold EvanMarcKatz.com Affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms of Use, your violation of any rights of a third party, or any other act or omission by you. 

Without limiting anything set out herein, you hereby release EvanMarcKatz.com Affiliates their respective officers, directors, employees, editors, and representatives from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, Privacy Policy and/or any use by you of the Website. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  Residents of other states expressly waive their rights pursuant to any similar state law to the extent such law exists and waiver is permitted in the relevant state of residence.

In no event will EvanMarcKatz.com, its officers, directors, employees, editors, and representatives be held liable for any damages of any kind including without limitation compensatory, direct, indirect, or consequential damages, loss of income or data, loss of or damage to property, personal injury, and claims of customers or third parties arising from any customers’ interaction, involvement, and relationship with members of the online and/or offline dating community of any kind, even if EvanMarcKatz.com was advised of the possibility of such damages. You submit essays and information at your own risk. Further, clients agree to hold EvanMarcKatz.com harmless from any administrative, criminal, or civil proceedings.


Arbitration

In the event of any dispute between you and EvanMarcKatz.com regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and EvanMarcKatz.com agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to: [email protected] We will send any notice of dispute to you at the contact information we have for you. You and EvanMarcKatz.com will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: [email protected] with “Arbitration Request” in the subject line. You may also contact us by mail at:

6250 Platt Ave. #933

West Hills CA 91307-3218

Attention: Legal

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the Los Angeles County or at another mutually agreed location.

You agree to arbitrate with EvanMarcKatz.com only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California.

Copyright Infringement

If you believe that any material contained on this Website infringes your rights, including right of copyright or any other intellectual property rights, you should notify the Website administrator at [email protected] We will process notices of alleged infringement which we receive and, if required, take appropriate action in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”).

Governing Law and Jurisdiction

This agreement will be governed and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County in the State of California, and any cause of action which arises from use of this Web site or from interpretation of these Terms of Use must be filed in the state and federal courts located in Los Angeles County, State of California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.

General Provisions

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms of Use are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Los Angeles, California, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. EvanMarcKatz.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. 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.

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