By supplying us with all the required information and signing up as a member you acknowledge and affirmatively state that you have read, and understand the terms set forth herein and that you agree to be bound by the terms and conditions hereof.
Right to Use:
Your right to use the Service is subject to any and all limitations, conditions, and restrictions established and enforced by us from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Site and/or Service at any time, including the availability of any Site and/or Service feature, database, or Content (defined below). We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without notice or liability.
The Site and Service must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Site or Service would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Site and Service must not be accessed by (i) anyone located in China, Cuba, Iran, Iraq, Libya, and Syria, or any other country under U.S. embargo; or (ii) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.
THIS SERVICE IS FOR ADULTS ONLY. By using or viewing the Site or the Service, you represent, warrant, and covenant that you are aware that the Service may contain explicit adult oriented materials, are at least 18 years old or the age of majority in your jurisdiction, if the age of majority is older (e.g., 21 years old), and are not prohibited by law from using the Site or Service. If your use of the Site or Service is in violation of this section, you may be subject to legal action as a result.
Privacy and Use of Information:
As more fully set forth in our Privacy Statement, your personal information will not be resold to any third party. Please note, however, all information you provide to us may be shared with other third parties as necessary to comply with applicable law and to generally cooperate with law enforcement and the court system in investigating and prosecuting suspected criminal activities or otherwise, including, without limitation, in response to inquiries from law enforcement and regulatory agencies.
You may become a member of the Service by completing an online registration form. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform the Company of any and all changes to the registration data, including, but not limited to, changes in your email address and changes in your payment method information used in connection with billing for the Service. If you provide any information that is untrue, inaccurate, not current, incomplete, or the Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account immediately and may refuse your current or future use of the Site and the Service, as well as possibly subjecting you to criminal and civil liability.
You may become a subscriber by payment of the applicable subscription fee.
You are responsible for dishonored checks, inappropriate “chargebacks” or credits to your payment method and any related fees that we incur with respect to your account.
- Member Account and Your Responsibility for its Use:
- Member Account and Your Responsibility for its Use:
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.
- Use of Information on Service:
You acknowledge and agree that:
- We cannot ensure the security or privacy of information you provide through the Service including through email, messaging or otherwise; You hereby release the Site from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
- The Company is not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
- The Company cannot and does not assume any responsibility for the Content of any communication sent by any user on the Service or the Content posted to any profile, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
- You acknowledge that you cannot bring legal action against the Company or any of its employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
- Any and all images uploaded to the Company become property of the Company and may be used by the Company, without restriction, as marketing materials. By accepting this Agreement and its terms and conditions you specifically authorize us to use any images you upload to the Company for marketing the Site in our sole discretion.
- The “Service” is offered through and accessible through a number of other websites in addition to this particular website. By registering with this “Service” you acknowledge and accept that all content that you post to this website may be searchable and available to users of the “Service” who access it via different websites from this website and may be accessible on websites other than this website. You further acknowledge and accept that other members of the “Service” that you may view and communicate with via the “Service” may have registered with and accessed the “Service” through a number of different websites. COMPANY makes an effort to ensure that members of the “Service” are not connected with other members that may be inappropriate and therefore apply various classifications to the various web sites that provide access to the “Service”. By registering with the “Service” you acknowledge and accept that COMPANY may apply certain classifications to your profile due to your accessing the “Service” via this website and may use such classifications to restrict: the availability of communication between yourself and other members of the “Service”; the availability of the details of other members of the “Service” to yourself; and the availability of your details to other members of the “Service”.
Code of Conduct:
You agree to use the Service in accordance with the following Code of Conduct:
- You are solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information (collectively, the “Content”) that you post on the Site or display to other members of the Service. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
- You are aware that the Service may contain explicit adult oriented materials provided only by consenting users;
- You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive or defamatory statements; or racist, pornographic, obscene, or offensive language;
- You will not post any Content or use the Service in any way that: (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law;
- You will not upload to the service any illegal or extreme content, whether real, Hentai, animations or any other medium of expression, including, but not limited to: Bestiality, Child Pornography, Scat, Blood, Person to Person Water Sport, Cannibalism, Gun play, Knife/Blade play, Necrophilia, Incest, Rape, Asphyxiation, Water-bondage, or any other content deemed extreme to the site administrators;
- You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services or to forward chain letters;
- Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other users; and,
- You will not use the Service to infringe on any privacy right, property right, or other civil right of any person.
Content Posted By Members:
By displaying or publishing (“posting”) any Content on or through the Service, you hereby grant to the Company a non-exclusive, fully paid and royalty-free, and worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content. You also authorize the Company to post any and all photographs uploaded by you throughout the Site and other associated websites which feature other members of the Service but may be under a different Site and/or Service name(s). The Company hereby disclaims any and all liability with respect to all Content provided by members or other third parties, to the extent permitted by law, including, but not limited to, under the Communications Decency Act, and you hereby waive any such claims against the Company. We will remove any Content that you may post on the Site upon being notified, as provided in these terms and conditions, that the Content you post on the Site violates the intellectual property rights of another. We may remove any Content that you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you prior notice of such removal. You may not post any Content that solicits any information or response from anyone under 18 years of age, mischaracterizes your identity, and solicits any information that might be used for unlawful purposes, or encourages unlawful activities. The Company reserves the right, in the Company’s sole discretion, to immediately suspend your account, file for injunctive relief, file for civil redress and/or report any conduct that violates these terms and conditions to any and all authorities that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Company as a result of Content you have posted on the Site, or your engaging in any prohibited activities, as set forth in this section or in this Agreement, you agree to indemnify and hold the Company harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees and costs that the Company may incur as a consequence of your posting of such content or engaging in such prohibited activities.
Member Responsibilities & Background Checks:
The Company does not currently conduct criminal background checks on its members. The Company does not inquire into the backgrounds of its members to verify any of the statements of its members. The Company makes no representations or warranties as to the conduct of members or their compatibility with any future or current members. The Company reserves the right to conduct a criminal background check or screening, such as registered sex offenders, at any time using public database records, but is not required to do so.
The Company will not be liable for any damages whatsoever, direct or indirect, compensatory, special, general, consequential, and/or incidental, relating to the conduct of you or anyone else in connection with the use of our Service. This includes without limitations, emotional distress, bodily injury, and/or any other damages resulting from the meeting or communication with other members on our websites. You agree to take reasonable precautionary measures in all communications and interactions with other people on our sites. If you decide to meet someone face to face, offline of the website, you do so at your own risk. You further understand that the Company makes no guarantees, either express or implied, regarding your compatibility with those individuals from our Service. Never provide any financial information such as bank account numbers or credit cards to other members.
This Service operates as an interactive computer service provider under federal law, and permits individuals to communicate with each other in various ways. As with any human interaction, some individuals may seek to abuse the Service, and its networking services, to annoy, harass, or otherwise harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notification shall serve as a warning to our users of the potential for misuse of our services. We urge you to use common sense when interacting with individuals through the Service, and to report any instances of misconduct to customer support.
No Warranty With Respect to Member Content:
We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s age and marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.
Member’s Obligation to Comply with 18 U.S.C. 2257 With Respect to Certain Content:
You should be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2)(A)(i)-(v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an “18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. §2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. §2257.
Monitoring of Content:
We reserve the right, but have no obligation, to monitor any and all public and private postings and messages to ensure that they conform to the content guidelines and this Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of “hackers”). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.
Removal of Content:
While we do not and cannot review every message or other material posted or sent through the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public or private postings and messages, that we, in our sole discretion, may deem to violate the Code of Conduct set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to users of the Service.
Termination of Access to Service:
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, with or without cause, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.
The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
WE ARE NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY ARISE OUT OF OR RELATE TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, BUSINESS OR DATA, OR DAMAGES RESULTING FROM ANY VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE SOFTWARE OR MATERIALS, OR COMMUNICATIONS BY YOU OR OTHER USERS OF THE SERVICE, OR ANY INTERRUPTION OR SUSPENSION OF THE SERVICE, REGARDLESS OF THE CAUSE OF THE INTERRUPTION OR SUSPENSION. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous six (6) months from the date of your claim. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time, please see details on cancellation below.
The Service may provide (or third parties may provide) links, including without limitation, banner ads and hyperlinks, to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that we are not responsible for any use of your personal information by such third parties. Such third parties have their own privacy policies and procedures. You should check those privacy policies and procedures before you provide any information to them. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees and costs, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
By using the Services, you consent to receiving electronic communications, e.g., email, from us or our subsidiaries and affiliated entities. These communications will include notices about your account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service immediately. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
- Disclosure and Other Communication:
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Company related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
- Disclosure and Other Communication:
To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to firstname.lastname@example.org. The Company will undertake to investigate and address the problem as expeditiously as reasonably possible.
All subscription fees and other fees are all inclusive and include any VAT in the price. Please note that WE USE AN AUTOMATIC RE-BILL CYCLE ACCORDING TO YOUR SELECTED PAYMENT OPTION. When you purchase a one-month or shorter subscription to the Site, unless you cancel such membership at least twenty-four (24) hours prior to its expiration, your subscription will automatically renew at the then current monthly subscription rate. If you purchase a three month or longer subscription to the Site, unless you cancel such membership at least twenty-four (24) hours prior to its expiration, your subscription will automatically renew at subscription rate equivalent to the amount paid by you for the subscription divided by the number of months of your subscription. Subscription fees to the Site are displayed prior to your subscription thereto. You agree to pay all subscription fees when due according to these billing terms. At the time of registration, you must select a payment method. The Company reserves the right to contract with one or more third parties to process all payments. Such third party may impose additional terms and conditions governing payment processing. Please note your card issuer or bank agreement may contain additional terms with respect to your rights and liabilities. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time.
If you reside in the states of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin, you have the right to cancel your subscription, without any penalty or obligation, within three business days, excluding Sundays and holidays, following the date you became a subscriber. A signed written notice of such cancellation (which includes your username and the email address used to register for the Services) must be sent by certified mail or personally delivered to our mailbox. Monies paid pursuant to any subscription for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
Foreign Transaction Fees:
We reserve the right to use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge, which you agree to by using the Site and Services. Before purchasing any Services, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
Entire Agreement; Translations:
This Agreement represents the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous understandings, whether written or oral, and you have not relied on any representations other than as expressly stated herein. Where we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with us. If there is any contradiction between what the English language version of these Terms and any translation, the English language version will prevail.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within this thirty (30) day period.
Deletion/Deactivate Profile By User:
You may delete or deactivate your membership at any time by disabling your membership in your membership preferences at “My Account”. You accept that when you delete your membership with the Service, You will be automatically removed from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon deletion of your profile, mail and other membership materials will be immediately deleted from the Site and that such information will be irretrievable. However, if you choose to deactivate your account, you will still be able to log into your account, however your profile will not be visible on the account, and you will not receive mail or other membership material.
Cancellation of Paid Subscription
You must cancel your subscription at least twenty-four (24) hours before your monthly anniversary date to avoid being charged for another month of subscription fees.Upon our processing of your request to cancel your subscription, you will continue to have access to the non-public areas of the Service to which you subscribed until your then-current subscription commitment term ends. In the event that you cancel your subscription, no refund of any fees will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. You hereby agree to be personally liable for any and all charges incurred by you until termination of subscription for your use of the Service, and your responsibility to pay said charges shall survive such termination. Please note that cancelling your subscription may not cancel your membership to the Site and your profile may still be viewable by other members even though you have cancelled your subscription.
NO WARRANTIES, LIMITATION OF LIABILITY:
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT THE SITE’S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT OR FOR ANY OTHER REASON, SHALL BE LIMITED TO AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US FOR THE 6-MONTH PERIOD PRIOR TO THE SUBJECT CLAIM.
This Agreement and all matters arising out of or otherwise relating to these terms and conditions (“Disputes”) shall be governed by the laws of the State of Florida (regardless of conflict of law principles). The parties agree that any and all such Disputes shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act, under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules. The arbitrator’s ruling will be binding and final, as provided by law. There will be one (1) arbitrator appointed by the AAA. Each party is responsible for its own costs in any arbitration, unless otherwise required by law. The arbitration will take place in Broward County, Florida. THE PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. This arbitration provision shall survive termination of this Agreement. If any portion of this provision (other than the waiver of class action rights) is held to be unenforceable for any reason, the remainder will still be enforceable. If it is the waiver of class action rights which is held to be unenforceable for any reason in a case in which class action allegations have been made, the rest this arbitration provision will not be enforceable. Notwithstanding anything herein to the contrary, the parties agree and irrevocably consent that Broward County, Florida shall have exclusive jurisdiction and be the exclusive for any Disputes.
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND THE COMPANY WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL “OPT OUT” OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOUR BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY. THE FOREGOING CLASS ACTION WAIVER PROVISION SHALL BE ENFORCED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE PERMITTED BY LAW TO PROCEED AS A MEMBER OF ANY SUCH CLASS ACTION AGAINST THE COMPANY, YOU AGREE THAT YOU WAIVE ANY RIGHTS ANY ATTORNEY’S FEES OR COSTS, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY; AND YOU WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
For Members residing outside of the USA but not in Europe: The International Dispute Resolution Procedures of the AAA shall govern the arbitration proceedings, and all other terms and conditions of the foregoing provision shall be applicable to such Members who hereby expressly acknowledge and agree to same.
For Members residing in Europe: Members must be aware that the European Commission has established an online platform for alternative dispute resolutions that providers for an out-of-court method to solve any dispute related to and stemming from online sales and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Company. The platform is available at the following link The Company is available for questions via the contact us page of the site.
Except as otherwise provided in the foregoing section, if any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this Agreement as a whole, notwithstanding such stricken provision or provisions.
Termination by the Company:
Without limiting other remedies, the Company may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice or explanation and without any refund or other liability, if: (a) the Company believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due hereunder by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users, us or anyone else; or (e) the Company decides to cease operations or to otherwise discontinue any of the Service or parts thereof. Further, you agree that neither the Company nor any third party acting on our behalf shall be liable to you for any termination of your membership, subscription or access to the Service. You agree that if your account is terminated by the Company, you will not attempt to re-register as a member without prior written consent from the Company.
After Termination or Cancellation:
The terms of this Agreement shall survive after termination or cancellation, by either your or us for any reason, unless stated otherwise.