Terms & Conditions
This is the web site of www.alittlenudge.com (the “Website”). We will not distribute personal information, including your name, e-mail address, or any other information, to third parties. We will only use your telephone number or e-mail address for inquiries related to www.alittlenudge.com. We do not provide site visitors access to information from or about other site visitors or customers. Maintaining your privacy is of the utmost importance to us.
The Website is not intended to be viewed, and the Services are not intended to be purchased or used, by minors or anyone under the age of eighteen. By entering the Website or using the Services, you are agreeing that you are not under the age of eighteen.
Other Terms and Conditions
By using the Services of A Little Nudge, you are representing to A Little Nudge that you have agreed to the terms and conditions of any online dating site you are currently using or intend to use. You should carefully read the privacy policies and other conditions of use on your online dating site of choice to ensure that using the Services of A Little Nudge is permitted by the terms and conditions of any online dating site that you are currently using or intend to use.
If you need to cancel a previously scheduled meeting with A Little Nudge (initial intake meeting or photography session), you must do so no later than 24 hours prior to our meeting. If the meeting is cancelled within the 24-hour period prior to the meeting, a cancellation fee of $100 will be assessed for intake sessions and $125 for photography sessions. This fee will rise to $175 for intake sessions and $195 for photography sessions if cancellation is made after an A Little Nudge employee or contractor has left for the session. For all cancellations, within the 24-hour period or not, if a refund is required, up to 125% of the applicable credit card transaction fees will be deducted from the refunded amount.
You are solely responsible for your interactions, online or in person, with individuals identified for you by A Little Nudge. By using the Services of A Little Nudge, you understand and agree that A Little Nudge does not in any way screen the members of any online dating sites. A Little Nudge makes no representations or warranties as to the conduct of any person it has identified or will identify to you. In no event shall A Little Nudge be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet through the Services offered by A Little Nudge.
Communications and Content
All e-mail sent to any e-mail addresses of the Website becomes the property of A Little Nudge. The Website may provide links to the sites of affiliated companies and certain other businesses or materials. A Little Nudge is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of the websites. A Little Nudge does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. Your use of such websites or materials is at your own risk and you should carefully review all 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 false, 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, gives rise to civil liability, or otherwise violates any law, or which, without the Website’s express written prior approval, contains advertising or any solicitation with respect to the Services. Additionally, when interacting online or in person with anyone identified by the Website, you shall not violate or infringe in any way upon the rights of others, and you shall not engage in any behavior 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, gives rise to civil liability, or otherwise violates any law.
Limitation of Liability
By using the Website, materials, or Services of A Little Nudge, you agree to release and hold harmless A Little Nudge and the employees, officers, directors, members, managers, shareholders, agents, representatives of A Little Nudge, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with A Little Nudge, any third-party providers or sources of information or data, and legal advisers from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Website, materials, or 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 A Little Nudge 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 A Little Nudge 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 this Agreement, your violation of any rights of a third party, or any other act or omission by you.
In no event will A Little Nudge, its Officers, Directors, Members, Managers, Shareholders, Employees, Editors, Agents and Representatives (collectively “Representatives”) be held liable for any damages of any kind, including “without limitation” compensatory, direct, indirect, punitive, 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 customer’s interaction, involvement, and relationship with members of the online and/or offline dating community of any kind, even if A Little Nudge was advised of the possibility of such damages. Furthermore, by using the Website, you agree to hold A Little Nudge harmless from any administrative, criminal, or civil proceedings.
Billing and Refund Policy
All purchases on the Website are final. In no event shall individuals be entitled to refunds because of dissatisfaction with the Services of A Little Nudge, except where authorized by A Little Nudge, or where this provision is prohibited by law. Refunds or other return of monies shall be offered solely at the discretion of A Little Nudge.
Some of the Services have a feature for recurring billing on a monthly basis. You will be notified if you are signing up for one of these Services at the time of purchase. In addition, before the second month of service only, you will receive an e-mail reminding you that your chosen form of payment will be charged again before the charge is made, in case you would like to make any changes. By agreeing to these terms of service, you consent to such recurring billing.
In some cases, you may want to put your service on hold. This will also be determined at the discretion of A Little Nudge. If a hold of service is deemed appropriate, that hold with expire after six months. In addition, if you have not utilized previously paid for Services for a consecutive six-month period or more, with no notification to A Little Nudge, then those Services will be forfeited after those six months.
Neither you nor A Little Nudge may assign or transfer any rights, duties, or obligations herein nor any rights, duties or obligations associated with any service purchased through A Little Nudge without the prior written consent of the other, and any purported attempt to do so shall be null and void.
Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict compliance with the terms of this Agreement.
A LITTLE NUDGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO YOUR DATING SUCCESS. IN NO EVENT SHALL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY FAILURE OF ANY PERFORMANCE BY COMPANY.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service or the Agreement must be filed within One (1) Year after such claim or cause of action arose or shall be forever barred.
This Agreement constitutes the entire understanding and agreement of the Parties entering into it (“the Parties”) with respect to the subject matter covered in it, and it supersedes all other prior agreements and understandings, written or oral, among the Parties, with respect to such subject matter.
The Parties hereby warrant that this Agreement is duly executed with full authority and approval of each of them. The Parties further warrant and represent that they have fully informed themselves of the terms and legal effects of this Agreement, that no promises or representations have been made to induce their execution of this Agreement except those set forth herein, that they have relied on independent judgment and, where applicable, the advice of their legal counsel in executing this Agreement, and that they have full authority and capacity to execute this Agreement and that no further authorization, ratification or approvals from any entity, organization or agency, including any corporate, legal or judicial entity, shall be necessary in order to give this Agreement full force and effect.
If any provision, or portion thereof, of this Agreement is held invalid, illegal, void, or unenforceable by reason of any law, rule or regulation, administrative order, judicial decision, or public policy, the remaining provisions shall not be affected, impaired or invalidated thereby, and each term and provision of this Agreement shall remain in full force and effect and be valid and enforceable to the fullest extent permitted by law, and shall be deemed separate from such invalid or unenforceable provision. Any invalid, illegal, void or unenforceable provision shall be deemed, without further action on the part of the parties hereto, amended, limited or replaced and enforced to the extent necessary by a court of competent jurisdiction or arbitrator(s) to render such provision, as so amended, limited or replaced, legal, valid and enforceable, with the a provision or part thereof that comes as close as possible to expressing the intention of the stricken provision, it being the intention of the parties that this Agreement and each provision hereof shall be legal, valid and enforceable to the fullest extent permitted by applicable law.
The language used in this Agreement will be construed in all cases in accordance with ordinary usage and meaning. The Parties acknowledge that each Party has reviewed this Agreement and that no single party bears sole responsibility for the draftsmanship of this Agreement. Consequently, no rule of construction to the effect that ambiguities are to be resolved against the drafting Party should be employed in the interpretation of this Agreement.
This Agreement shall be governed by, interpreted and construed, and enforced in accordance with the laws of the District of Columbia, without reference to conflicts of laws principles.
Choice of Venue
All disputes shall be resolved by a court of competent jurisdiction in the District of Columbia.
Any controversies, claims, or disputes arising out of or relating to this Agreement shall be resolved solely and exclusively by binding arbitration the District of Columbia in accordance with the rules for commercial arbitration of the American Arbitration Association (“AAA”) in effect at the time such arbitration is initiated and shall be administered by the AAA. The arbitration shall take place in the District of Columbia. The arbitrator shall be required to follow applicable law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND A LITTLE NUDGE ARE EACH WAVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The decisions and awards rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The arbitrator may, as part of any award, award to the prevailing party the costs of such arbitration, including attorney, expert, and witness fees. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
I agree that this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (commonly known as the “E-Sign Act”), 15 U.S.C. 7000, et seq. and may not be denied legal effect, validity, or enforceability solely because it is in electronic form. By choosing to click “Submit” and working with A Little Nudge, which indicates my agreement to be bound by the terms of this Agreement, I affirmatively adopt making this selection as my signature and the manifestation of my consent to be bound by the terms of this Agreement.
Please contact us at email@example.com with any questions regarding this Agreement.
Or send inquiries to: A Little Nudge LLC, c/o Erika Ettin, 718 7th St. NW, Washington, D.C. 20001