Terms and conditions of service

Print or download as PDF file

Use the button above or below to print or download the official PDF. The same agreement is embedded for viewing in your browser. Below, the agreement appears as plain text in separate sections with headings for easier navigation.

Preamble and table of contents

Terms
and Conditions of Service
This is a legal agreement ("Agreement") between you and the Company, a Delaware
corporation ("we", “us”, “our”, or “we”), which may be contacted at P.O. Box 189,
South Pasadena 91031. This Agreement applies to the access and use of the
website, this site, including the website’s mobile and online versions (the
“Website”) and to the download and use of any of our applications (including iOS and
Android applications) accessible in the United States (the ”Applications”), and
registration to or use of any of the services provided by us through the aforementioned
platforms (collectively, with the Website and Applications, each, a “Service” or the
“Services”). By using any of the Services, you agree to, and are bound by, these terms
and conditions of service of this Agreement (including the Privacy Policy) for as long as
you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS
AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain
Services may be subject to additional terms, and such terms will be either listed in this
Agreement or will be presented to you for your acceptance when you sign up to use such
Services and which are incorporated into and form part of this Agreement.
the Services consist of the following, without limitation: a Service for single
people seeking romantic relationships (the “Singles Service”), a content Service such as
Advice, containing articles about and related to relationships, and any
additional services currently offered or which will be offered in the future by or on behalf
of ours. we may offer new services or revise any of the Services, at its
discretion, and this Agreement will apply to all additional services or revised Services.
We also reserves the right to cease offering any of the Services.
This Agreement is subject to change by in its sole discretion at any time. We
will notify you of any such changes by posting an updated version of the Agreement on
this page. Your continued use of the Services after the posting of revisions to this
Agreement will constitute your acceptance of such revisions. Please consult the end of
this Agreement to determine when the Agreement was last revised.

Content
1
Eligibility

..
3
2
Use of the Services

4
3
Proprietary Rights

12
4
User Information

13
5
Links to Third
-
Party Websites/
Dealings with Advertisers and Sponsors

14
6
Disclaimer of Warranties and Conditions

15
7
Limitation of Liability

16
8
Indemnification

17
9
Complaints /
Law Enforcement Contact

17
10
Communication and Privacy

.
18
11
Term and Termination

18
12
Cancellations &
Account Holds

19
13 **
RENEWALS**

22
14
Governing Law &
Venue

22
15
Arbitration Agreement, Class Action Waiver and Jury Trial Waiver

23
16
General Provisions

29
17
Digital Millennium Copyright Act Notice

30
18
Revision Date

30

Buyer cancellation rights (selected states)

FOR USERS WHO HAVE PURCHASED THE SERVICE SERVICES RESIDING IN ARIZONA,
CALIFORNIA, COLORADO, CONNECTICUT, ILLINOIS, IOWA, MINNESOTA, NEW YORK,
NORTH CAROLINA, OHIO, RHODE ISLAND AND WISCONSIN, YOU, THE BUYER, MAY
CANCEL THE AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME
PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS
AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION
NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR
DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS AGREEMENT, YOU
CAN EMAIL subscriptions@support.com OR MAIL A SIGNED AND DATED
NOTICE, OR TELEGRAM, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS
AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT
to us, INC., ATTN: CANCELLATIONS, P.O. BOX 189, SOUTH PASADENA, CA
91031 USA. PLEASE INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR
account IN THIS NOTICE. 

Sections 1 through 18

1
Eligibility
1.1 Minimum Age. You must be at least 18 years old to register for the
Services. By using the Singles Service, you represent and warrant that
you are at least 18 years old.
1.2 Marital Status . By registering to use or using the Singles Service, you
represent and warrant that you are single or (if legally married) separated.
If you are married and not separated, you may not register to use or use
the Singles Service.
1.3 Criminal History. By requesting to use, registering to use, and/or using
the Singles Service, you represent and warrant that you have never been
convicted of a felony (or other indictable offense) and/or are not required
to register as a sex offender with any government ent ity. THE SERVICE
DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND
SCREENINGS ON ITS MEMBERS. However, to the extent permissible by
applicable law, We reserve the right to conduct any criminal
background checks, at any time and using ava ilable public records, to
confirm your compliance with this subsection. BY AGREEING TO THESE
TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH
CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
1.4 Meeting Matching System Criteria. The Singles Service requires your
completion of the Compatibility Quiz for us to find highly
compatible matches for you. we will not be able to provide
matches to users who have not completed the Compatibility Quiz.

2
Use of
the Services
As a user of any of the Services (a „Registered User“), you agree to the following:
2.1 Basic Membership. It is free to register for the Singles Service, which
may be used by you at no cost (“Basic Membership”). Once you have
registered by providing preliminary information (including email address
and password), you will be asked to answer a scientifically -based
Compatibility Quiz which has been structured by reference to specific
psychological criteria. The results of the Compatibility Quiz as well as
comprehensive statistical comparative data are used by to
automatically create your individual personality profile. Your personality
profile will then be integrated into the database. Once in our
database, your personality profile is (through an automated process)
matched up to the profiles of other members, which enabl es
to determine your compatibility with those members. Using
this information, we will send you partner recommendations
(“matches”), which will appear in your online profile and be sent via email.
This information will be provided to you as a condensed profile of the
other compatible members, each containing a short description of a
match, your compatibility score, along with your match’s primary profile
photo. Please note that, as a Basic member, you will only be able to view
blurred versions of your matches’ profile photos. However, you may be
able to see an unblurred version of your matches’ primary profile photo
in some instances, at our discretion. As a Basic member, you may send
an unlimited number of predefined communications (for examp le, a
smile) to your matches subject to the terms of this Agreement; however,
you will only have a limited ability to send and read personalized
messages. Please note that we may limit the number of predefined
communications that you can send if required t o protect our members
and to secure our Service as further set out in this Agreement. As a Basic
member, you will not receive a copy of your personality profile, but you
may purchase a PDF copy of the personality profile at the price listed on
the Service at the time of purchase.
2.2 Premium Membership and Virtual Goods. The Singles Service includes
services subject to a fee, including Premium Membership options and,
in some locales, virtual goods that extend the rights of use in your Basic
Membership (collectively, “paid -for services”). Paid - for services offer
features not generally available under a Basic Membership. Please note
that concluding a contract with us for paid-for services is subject
to the respective payment service provider verifying and processing the
purchase.

i. Premium Membership: If you purchase a Premium Membership, you
will regularly receive updated partner suggestions from us in
your online profile and via email. These will be updated to include new
members who have been added to our database since you became
a Premium member. As a Premium member, you will be able to see
unblurred photos (primary or all photos, depending on your
purchased plan) and conduct searches for other users based on
specific criteria. With a Premium Membership, you can send and read
unlimited messages to the number of matches allowed by your plan.
Based on your selected plan, you may either immediately
communicate with: all your matches (Premium UNLIMITED) or a
limited number of matches depending on the number and availability
of your monthly Match Unlocks (see definition below) in your selected
Premium plan. Please note that we may still limit the number of
communications that you can send if required to protect our
members and to secure our Service as further set out in this
Agreement. we will also provide access to the personality
profile to each Premium within their account settings.
ii. Match Unlocks: “Match Unlocks” allow you to “unlock” another user’s
profile and engage in unlimited communication with them if the
contacted user also unlocks your profile. If Match Unlocks are
included in your Premium Membership, the Match Unlocks are
credited to your account for a period of 30 days at a time, and you will
see the first monthly Match Unlock allotment in your account
immediately upon purchase. After each 30 -day period, unused
Match Unlocks expire, and new Match Unlocks are credited. Match
Unlocks are not carried over into the next 30 -day period. However,
you may be able to purchase additional Match Unlocks for use in your
Premium Membership or as a separate Virtual Good in a Basic
Membership.
If you purchased a Premium Membership, any unredeemed,
separately purchased Match Unlocks will be added to your account
and can be redeemed on individual unlocks. If you do not have a
Premium Membership, separately purchased Match Unlocks are
linked to and stored in your Basic Membership account.
Match Unlocks cannot be transferred to other members, nor can they
be traded in, exchanged for money, or used to settle outstanding
payments. Separately purchased Match Unlocks expire either four (4)
years after purchase or two (2) years of inactivity on y our account, or
if you direct us to delete your data, whichever is earlier. Match
Unlocks that are included in a Premium Membership expire as
described above.

iii. Virtual Goods: “Virtual Goods” are purchased separately from a
Premium Membership and may be used for individual services or for
certain features in one's own profile. The purchase of Virtual Goods
(including Match Unlocks, as described above) is subject to a charge.
We reserve the right to place limitations and other conditions
on the offer of Virtual Goods, at our discretion.
2.3 Payments. When making a purchase, you will be asked to supply certain
payment information, including information regarding your billing
account (e.g., via credit card, debit card, or PayPal account number). You
agree that all information that you provide to us will be accurate,
complete and current. You further agree that our payment processing
service provider(s) may store and communicate with your financial
institution via a “network token” (a unique personal identifier used only
for billing purposes) to facilitate your payments. For more information
about tokenization, please see our payment processor’s explanation on
its website. You agree to pay all valid charges incurred by you or any other
user of your account (including all installment payments and/or fees, if
applicable), any applicable taxes on your purchase, and/or any additional
fees for the use of any paym ent mechanism or account connected to
your purchase, including any processing charges relating to same.
To become a Premium member, you will be required to pay a
subscription fee. All prices listed by us on the Service are offered in the
displayed currency and exclude applicable taxes and duties.
currently offers Premium light, Premium plus and Prem ium UNLIMITED
(collectively, the “Plans”) memberships in 6, 12, and 24 --month terms.
The Plans offer a variety of features; Premium UNLIMITED offers more
features and capabilities followed by Premium plus and Premium light.
The Plans automatically renew fo r consecutive12 month terms (or other
term lengths, as agreed -upon by you during the purchase process)
unless prohibited by applicable law. Cancellation of auto -renewal must
be initiated at least 24 hours before the end of your current term. If a
scheduled payment using the billing account or credit or debit card
associated with your subscription is attempted and declined for any
reason, our payment processor will automatically reschedule the
payment until the amount due is paid in full. If these attempts fail and/or
the issue(s) cannot be resolved by contacting the account and/or card
issuer, we will notify you via email using the email address associated
with your account, and we may suspend or terminate your subscription
until the outstanding payments are successfully processed. However,
you acknowledge and agree that we may first attempt to obtain updated
billing information, including but not necessarily limited to credit or debit
card numbers and/or expiration date information from your card issuer,
and that we will update this information in your account and use such

information to process future payments. By subscribing, you authorize us
and our payment processors to store and/or transfer your payment
details and all other relevant information as needed to facilitate the
processing of payments. You may select to purch ase a plan in one
upfront payment or in installments, if applicable. You agree and authorize
us to charge you applicable sales or other related taxes and fees to which
your subscription may be subject, which is subject to change and may
vary by your place of residence at the time of subscription. Installment
plans may be subject to additional terms and conditions, which will be
consented to at the time of purchase.
2.4 Access to Services and subscription using Non-partner Services. You
may download the mobile Application and purchase a
Premium Membership using your Apple ID or Google account (each, a
“Non-partner Service”) and use the Application on your iPhone or
Android mobile device. Any subscriptions purchased through a Non -
Service will be charged by the Non-partner Service and will
be subject to the terms of your selected Premium Membership and the
applicable terms of service of the non-partner Service. Premium
Memberships purchased through the non-partner Services are
subject to the payment terms agreed upon by you upon subscription. To
cancel auto -renewal or terminate a Premium Membership purchased
through a Non-partner Service, you must access your Non-partner
Service account and follow the prompts and instructions for cancellation
on the applicable service or contact the applicable service directly. If you
are eligible for a refund for a payment processed by a non-partner
Service, such re fund will be processed by Apple or Google. Additional
information on cancellation is provided in Section 12 of this Agreement.
2.5 Exclusive Use. Your account is for your personal use only. You may not
authorize others to use your account, and you may not assign or
otherwise transfer your account to any other person or entity, except if
previously agreed to by us. You acknowledge thhere is no t
responsible for third-party access to your account that results from theft
or misappropriation of your usernames and passwords.
2.6 Geographic Limitations. The Services are intended for use in the United
States, Australia, and Canada. However, please note thhere also
provides the ability to register for the Services in certain other countries,
and you may search for and receive matches from members loc ated in
such countries. We reserve the right to not provide or stop
providing the Services in any jurisdiction at any time in its sole discretion.
You will only use the Services in a manner consistent with this Agreement
and any and all applicable local, state, national and international laws and
regulations, including, but not limited to, United States export control

laws. By using the Services, you represent that you have not been
designated by the United States government as a "Specially Designated
National" or other person to whom the provisions of the Services are
prohibited, and that you are not located in a count ry that is subject to
embargo by the United States government. Registration for, and use of,
the Services is void where prohibited by any such laws or regulations.
You are responsible for determining whether the use of the Services is
legal in your jurisdiction.
2.7 Information Submitted. To the extent permitted by law, you are solely
responsible for, and assume all liability regarding, (i) the information and
content you contribute to the Services; (ii) the information and content
you post, transmit, publish, or otherwise make available (h ereinafter
"post") through the Services; and (iii) your interactions with other
Registered Users through the Services. You warrant and represent that
all information provided to us through our Services or otherwise
will be trut hful, accurate, and complete, and will be submitted only for
lawful purposes. Details of how we may use information you
provide or post which is personal to you are set out in our Privacy Policy.
2.8 Risk Assumption and Precautions. You assume all risk when using the
Services, including but not limited to all of the risks associated with any
online or offline interactions with others, including dating. You agree to
take all necessary precautions when meeting individuals through the
Singles Service. In addition, you agree to review and follow the
recommendations set forth in our Safety Tips, which is available
at the bottom of all pages of the Singles Service.
2.9 No Guarantees . we may not be able to provide matches for
everyone seeking to use its Services. Further, We make no
guarantees as to the number or frequency of matches through the
Singles Service, or to such matches' ability, desire or criteria to
communicate with any user. You understand thhere makes no
guarantees, either express or implied, regarding your ultimate
compatibility with individuals you meet through the Singles Service or as
to the conduct of such individuals.
2.10 Reporting of Violations. You will promptly report to us any
violation of the Agreement by others, including but not limited to,
Registered Users.
2.11 Content Removal. We reserve the right, but has no obligation, to
monitor the information or material you submit to the Services or post in
the public areas of the Services. we will have the right to remove
any such information or material that in its sole opin ion violates, or may
violate, any applicable law or either the letter or spirit of this Agreement
or upon the reasonable request of any third party. We further

reserves the right to remove matches previously delivered to you, in its
reasonable discretion, in order to assure that you have a quality
experience on the Services.
2.12 Posting and Communication Restrictions . Every user is obligated to
observe the Community Guidelines and not misuse the Service. In
particular, you will not post, transmit to other users, communicate any
content (or links thereto), or otherwise engage in any activity on or
through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
ii. is intended to or tends to abuse, harass, threaten or intimidate any
other users of the Services;
iii. is defamatory, intentionally inaccurate, abusive, obscene, profane,
offensive, sexually charged, obscene or otherwise objectionable or
unlawful;
iv. infringes the intellectual property right of ours or any third party
including copyright in and to content (e.g., music, movies, videos,
photographs, images, software, literary works, etc.);
v. contains video, audio photographs, or images of another person;
vi. promotes or enables illegal or unlawful activities, such as instructions
on how to make or buy illegal weapons or drugs, violate someone's
privacy, harm or harass another person, steal someone else’s
identity, create or disseminate computer viruses, or cir cumvent
copy-protect devices;
vii. is false or misrepresentative or otherwise intended to defraud,
swindle or deceive other users of the Services;
viii. contains viruses, ransomware, spyware, adware, time bombs, trojan
horses, cancelbots, worms or other harmful, or disruptive codes,
components or devices;
ix. promotes or solicits involvement in or support of a political platform,
religion, cult, or sect;
x. disseminates another person's personal information without his or
her permission, or collects or solicits another person's personal
information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere
with others' enjoyment of the Services;
xii. impersonates, or otherwise misrepresents affiliation, connection or
association with, any person or entity;

xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the
Services;
xv. uses the Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming,
phishing, trolling, or similar activities.
2.13 No False Information. You will not provide inaccurate, misleading or false
information to us or to any other user. If information provided to
we or another user subsequently becomes inaccurate,
misleading or false, you will promptly notify of such change.
2.14 No Advertising or Commercial Solicitation. You will not advertise or
solicit any user to buy or sell any products or services on or through the
Services. You may not transmit any chain letters, junk or spam e -mail to
other users or other unsolicited commercial messages. Further, you will
not use any information obtained from the Services in order to contact,
advertise to, solicit, or sell to any user without their prior explicit consent.
If you breach the terms of this subsection and send or post unsolicite d
bulk email, "spam" or other unsolicited communications of any kind
through the Services, you acknowledge that you will have caused
substantial harm to us. To the extent permissible under
applicable law, as a reasonable estimation of such harm, you agree to
pay $50 USD for each such unsolicited communication you
send through the Services.
2.15 Unique and Bona Fide Profile. As a Registered User of the Singles
Service, you will create only one unique profile. In addition, your use of
the Singles Service must be for bona fide relationship-seeking purposes
in order to maintain the integrity of the Singles Service (for example, you
may not become a Registered User solely to compile a report of
compatible singles in your area, or to write a school research paper). Not
all registered users are available for matching. From time to time,
we may crea te test profiles in order to monitor the operation of
the Services.
2.16 No Harassment of ours Employees or Agents. You will not harass,
annoy, intimidate or threaten any employees or agents
engaged in providing any portion of the Services to you.
2.17 Social Media. We may provide you the option to connect your
account to your account on some social networking websites (such as
via Continue with Facebook) for the purpose of logging in, uploading
information or enabling certain features on the Service. When en abling

this feature, we will disclose to you the information we collect from the
connected social networking website, and will use such information in
compliance with our Privacy Policy. By connecting your
account to your account on any social networking website, you hereby
consent to the continuous release of information about you to us.
We will not send any of your account information to the
connected social networking website without first disclosing that to you.
Each social network may further allow you to set privacy controls around
your information on their system, and ’s collection of
information will always follow such controls and permissions. This
feature is subject to continuous change and improvement by us and
each social networking website involved, and therefore the available
features and shar ed information are subject to change in accordance
with the terms of this Agreement, and the terms of use of the relevant
social networking site.
2.18 Reverse Engineering and Non-Interference. In addition to any
information or documents containing information that constitute a “trade
secret” as that term is defined in the Uniform Trade Secrets Act as of
September 16, 2015, the following will be deemed trade secrets of
we and you w ill treat the following as our trade secrets to the
extent they have not been made public by us: (i) all source code, data and
configuration files within or comprising our Services or used to receive
content from, or deliver content to the Services, and all documentation
relating thereto; (ii) all financial information relating to us or its
affiliates; and (iii) all Service plans of ours or its affiliates. By
consenting to the terms of this Agreement, you acknowledge and agree
that such information has independent economic value due to it not
being generally known or available to others, and thhere takes
reasonable measures to protect the confidentiality and secrecy of such
information. You agree not to, and warrant and represent that you will not,
engage in any activity, assist any third party in engaging in any activity, or
attempt in any way, or assist any third party in attempting in any way, to:
(v) discover or use any trade secrets of ours w ithout ’s
prior written consent; (vi) reverse engineer or otherwise discover any
source code utilized by our Services or any client or other software
provided by us; or (vii) breach, discover, circumvent, disable or otherwise
compromise any securit y, encryption, password protection, or other
feature or mechanism used by us or our Services to protect the Services
or any data, hardware, software or server used in connection with it.
2.19 Linking, crawling and framing. You agree not to, and warrant and
represent that you will not assist any third party in engaging in any activity
or attempting in any way, to reproduce, in whole or in part, any content
provided by the Services through any method (including without

limitation, through copying, caching or framing), unless such access is
expressly permitted in a written agreement executed by .
3
Proprietary Rights
3.1 Ownership of Proprietary Information. You hereby acknowledge and
agree thhere is the owner or licensee of highly valuable
proprietary information accessible on or through the Services, including
without limitation, the compatibility matching system, compatibility
profiles, and our compa tibility quiz (collectively, "Confidential
Information"). owns and hereby retains all proprietary rights in
the Services, including but not limited to, all Confidential Information.
3.2 No Use of Confidential Information . You will not post, copy, modify,
transmit, disclose, show in public, create any derivative works from,
distribute, make commercial use of, or reproduce in any way any (i)
Confidential Information or (ii) other copyrighted material, trademarks, or
other pro prietary information accessible via the Services, without first
obtaining the prior written consent of the owner of such proprietary
rights.
3.3 Other Users' Information. Other Registered Users may post
information, which has copyright protection whether or not it is
identified as copyrighted. You agree that you will not copy, modify,
publish, transmit, distribute, perform, display, commercially use, or
sell any we or third-party proprietary information available via
the Services.
3.4 License to Posted or Accessed Content. By posting information or
content to any profile pages or public area of the Services, or making
it accessible to us by linking your account to any of your
social network accounts (e.g. via Continue with Facebook) subject to
applicable privacy law s as they relate to any personal information
contained therein, you automatically grant, and you represent and
warrant that you have the right to grant, to us and its users, an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to
use, reproduce, perform, publicly display, modify and distribute such
information and content, and to prepare derivative works of, or
incorporate into other works, such information and content, and to
grant and authorize sub-licenses of the foregoing. From time to time,
we may create, test or implement new features or programs on the
Services in which you may voluntarily choose to participate or may be
a part of a test gr oup with special access, in accordance with the

additional terms and conditions of such features or programs. By your
participation in such features or programs, you grant us the rights and
waive certain other rights stated in this subsection in connection with
the additional terms and conditions (if an y) of such features or
programs.
4
User Information
4.1 Privacy Statement. We will only use your information in accordance with
our Privacy Policy. You acknowledge thhere may transfer your
personal information to us's and its affiliated companies’ offices
overseas, including but not limited to Germany, and may share your
personal information with third parties employed to provide some or all
of the Services. By registering to use the Services, you consent to this
transfer of your personal information. For information about the
collection, use and po ssible disclosure of information and material
provided by you, please click here's Privacy Policy located on the
Services. By using the Services, you are consenting to the terms of
our Privacy Policy.
4.2 No Contact Information. You agree that you will not post any full name,
phone number, address, email addresses, personal website address or
third-party profile page, or other contact information in the profile section
of the Singles Service that will be made available to other Re gistered
Members. You may, at your discretion, exchange such information when
you reach the direct communication phase with your matches.
4.3 Disclosure By Law. You acknowledge and agree thhere may
disclose information you provide in accordance with our Privacy Policy,
including, if required to do so by law, at the request of certain third
parties, or if we, in our sole discretion, believe that disclosure is
reasonable to (1) comply with the law , requests or orders from law
enforcement, or any legal process (whether or not such disclosure is
required by applicable law); (2) protect or defend our, or a third
party's, rights or property; or (3) protect someone's health or safety, such
as whe n harm or violence against any person (including the user) is
threatened.
4.4 Disclosure to Protect Abuse Victims. Notwithstanding any other
provision of this Agreement or the Privacy Policy, We reserve the
right, but has no obligation, to disclose any information that you submit
to the Services, if in its sole opinion, suspects or has reason
to suspect, that the information involves a party who may be the victim of
abuse in a ny form. Abuse may include, without limitation, elder abuse,

child abuse, spousal abuse, neglect, or domestic violence. Information,
including personal information, may be disclosed to authorities that
, in its sole discretion, deems appropriate to handle such
disclosure, provided that such disclosure is pursuant to applicable law.
Appropriate authorities may include, without limitation, law enforcement
agencies, child protection agencies, or court officials. You hereby
acknowledge and agree thhere is permitted to make such
disclosure.
4.5 Use of Anonymous Information for Research. As set forth in our Privacy
Policy, by using the Services, you agree to allow to
anonymously use the information from you and your experiences
through the Services to continue our research into successful
relationships and to improve the Se rvices. This research, conducted by
psychologists and behavior research scientists, may be published in
academic journals. However, your responses will be anonymous, and we
will not publish research containing you r personal identifying
information.
5
Links to Third
-
Party
Websites/
Dealings with Advertisers
and Sponsors
The Services do not currently advertise any third-party goods or services
and do not contain links to third -party websites. However,
reserves its rights to advertise on the Services and include third -party
website links on the Services, including without limitation, advertisers,
which are not under the control of ours, and we are not
responsible for the content of any linked website or any link contained in
a linked website, or any changes or updates to such websites.
provides these links to you only as a convenience, and the inclusion of
any link does not imply thhere endorses or accepts any
responsibility for the content on such third -party website. Your
correspondence or business dealings with, or participation in
promotions of, advertisers or sweepstakes or other promotion sponsors
found on or through the Services (including payment and delivery of
related goods or services, any personal information or opt -in contact
information voluntarily given to advertisers and sweeps take sponsors,
and any other terms, conditions, warranties or representations
associated with such dealings) are solely between you and such
advertiser or sweepstakes or promotion sponsor. You agree that
we will not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings, including the sharing of

the information you supply to us with advertisers or sweepstakes
or promotion sponsors, or as the result of the presence of such
advertisers on the Services. Please visit our Privacy Policy to learn more
about our personal information handling practices.
6
Disclaimer of Warranties and Conditions
6.1 No Warranties or Conditions. THIS SECTION WILL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT
ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. THE SERVICE
PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT
TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION
CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. We do NOT REPRESENT OR WARRANT
THAT YOUR USE OF THE SERVICES WILL BE SECURE,
UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES,
BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEE T YOUR
REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE
CORRECTED. THE SERVICE DISCLAIMS LIABILITY FOR, AND NO
REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH
RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FORE GOING, YOU
ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN
BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR
ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR
REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE
FROM DATA BREACHES OR CYBER ATTACKS.
6.2 Third-party Content. Opinions, advice, statements, offers, or other
information or content made available through the Services, but not
directly by , are those of their respective authors, and should
not necessarily be relied upon. Such authors are solely responsible f or
such content. We do NOT: (i) GUARANTEE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED
ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR
ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER
THAN THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW,
UNDER NO CIRCUMSTANCES WILL THE SERVICE BE RESPONSIBLE

FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE
ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES,
OR TRANSMITTED TO OR BY ANY USERS.
6.3 Beta Features. From time to time, we may offer new "beta"
features or tools with which its users may experiment on the Services.
Such features or tools are offered solely for experimental purposes and
without any representation, warranty or conditions of any kind, and may
be modified or disc ontinued here's sole discretion. The
provisions of this Disclaimer of Warranties and Conditions section apply
with full force to such features or tools.
7
Limitation of Liability
7.1 Limitation of Damages and Aggregate Liability. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
THE SERVICE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER
DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL
DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY
TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS,
SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE
SERVICES, EVEN IF EHARMO NY KNOWS OR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL
our AGGREGATE LIABILITY, IN ANY FORM OF ACTION
WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE
OF THE SERVICES , EXCEED THE PRICE PAID BY YOU FOR YOUR
ACCOUNT, OR, IF YOU HAVE NOT PAID THE SERVICE FOR THE USE OF
ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.
7.2 No Liability for non-partner Actions. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SERVICE BE
LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE,
EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL,
COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING
OUT OF OR RELATING T O 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 ANY OTHER DAMAGES RESULTING FROM
COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS
OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR
DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE

REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO
DEFRAUD OR HARM YOU.
7.3 Information Verification. we may but is not required to use various
ways of verifying information that users have provided. However, none of
those ways are perfect, and you agree thhere will have no liability
to you arising from any incorrectly verified information.
8
Indemnification
8.1 To the maximum extent permitted by law, you agree to indemnify, defend
and hold harmless we and its affiliates and/or related entities,
whether direct or indirect, current, former or future, and its and their
respective current, former or future offi cers, directors, employees,
agents, successors and assigns and related third parties (each an
“Indemnified Party”), for any claims, causes of action, debts, damages,
losses, costs, liabilities and expenses (including reasonable attorneys’
fees) relating to or arising out of any third party claim that (a) your use of
or inability to use the Services, (b) any user postings made by you, (c) your
violation of any terms of this Agreement or your violation of any rights of
a third party, or (d) your violation of any applicable laws, rules or
regulations, except to the extent caused by any unlawful or negligent act
or omission by . We reserve the right, at its own cost,
to ass ume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate
with us in asserting any available defenses. An Indemnified Party
may participate in the defense by counsel of its own choosing, at its own
cost and expense. You shall not settle any claim that adversely affects
an Indemnified Party or imposes any obligation or liability on an
Indemnified Party without the Indemnified Party’s prior written consent.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE
EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES,
LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE,
KNOWN AND UNKNOWN, ARIS ING OUT OF OR IN CONNECTION WITH
DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE
SERVICES OR THIS AGREEMENT.
9
Complaints /
Law Enforcement Contact
To resolve a complaint regarding the Service, you should review our
Frequently Asked Questions (FAQ) by clicking on the Help link located at

the bottom of any page of the Services, or email us by clicking
here. Law enforcement officials may send correspondence (such as
subpoenas, court orders and warrants) to us to our facsimile
number at +1 -424-389-7139. All other correspondence sent to this
facsimile number will be discarded.
10
Communication and Privacy
Communication on the platform must always take place in accordance
with these terms and conditions and the Community Guidelines.
We may use the email address associated with your account to send you
messages, including notifications of important changes to the Services,
special offers, or attempts to collect on an outstanding balance. Further,
we may contact you by telephone in orde r to communicate with you
regarding the Services. If you do not want to receive certain email
messages or telephone calls (including at any wireless number you may
have voluntarily provided us), please refer to our Privacy Policy to review
your options.
11
Term and Termination
This Agreement will become effective upon your acceptance of the
Agreement by your use of the Services and will remain in effect in
perpetuity unless terminated hereunder.
Either you or we may terminate your account at any time, for any
reason or no reason, without explanation, effective upon sending written
notice to the other party. We reserve the right to immediately
suspend or terminate your access to any of the Services, without notice,
for any reason or no reason. We also reserve the right to remove your
account information or data from our Services and any other records if
your account and/or access to the Services is terminated. In the event
your access to any of the Services is suspended due to a material breach
of this Agreement, you agree that all fees paid to us by you are
nonrefundable and that any outstanding fees (e.g., remaining
installments) will become due and payable immediately. You may
terminate your account by following the steps in the applicable section
under "Cancellations" below, or by sending a notice of cancellation to:
the Company, Attn: Cancellations, P.O. Box 189, South Pasadena, CA
91031 USA. Following any termination of you r Singles Service account
due to a violation of our Agreement, we may, at our discretion or

as required by law, send a notice thereof to other Registered Users with
whom you have corresponded for the protection of our members.
12
Cancellations &
Account Holds
12.1 Cancellation At Any Time With No Refund. Except as otherwise stated in
this section, you may cancel your registration or subscription to any
Services at any time during the term of such registration or subscription
or any renewal period by: accessing Data & Settings > “Manage profile”
> Amend Sub scription, clicking on the cancellation link, and providing
the information requested. In such case, your subscription will terminate
at the end of the subscription term for which you have paid, and you will
not receive any refund for any unused days of such subscription term. If
you purchase a subscription on an installment payment basis (such as
three-part pay), cancellation will not affect your obligation to pay the total
contractual amount due on your subscription and your account, credit
card, or other payment method will continue to be charged the
scheduled payments until the remaining balance is paid in full.
12.2 Cancellation through a non-partner Service with No Refund. To
cancel a membership purchased through a Non-partner Service, you
must access your Non-partner Service account and follow the
cancellation prompts for each service. The current cancellation process
for Apple requires you to access the Settings option on your iPhone, click
on iTunes & App Stores, select your Apple ID, View Apple ID and
Subscriptions. You can then click on your subscription and
cancel as instructed. To cancel a membership purchased through
Google, the current cancellation process requires you to sign into your
Google account, select “My subscriptions,” select the subscription you
want to cancel, click “Manage,” and then “Cancel Subscription.” Further
instructions for cancellation are available for Apple here and for Google
here.
12.3 3-Day Cancellation. For Premium Membership subscribers residing in
Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New
York, North Carolina, Ohio, and Rhode Island:
REGARDING THE PREMIUM MEMBERSHIP, YOU, THE BUYER, MAY
CANCEL THE AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION,
AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY
FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS
AND HOLIDAYS. NOTICE OF CANCELLAT ION NEED NOT TAKE A
PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE
TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS

AGREEMENT, YOU CAN EMAIL subscriptions@support.com
OR MAIL A SIGNED AND DATED NOTICE, OR TELEGRAM, WHICH
STATES YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR
WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT
to us, INC., ATTN: CANCELLATIONS, P.O. BOX 189, SOUTH
PASADENA, CA 91031 USA. PLEA SE INCLUDE THE EMAIL ADDRESS
ASSOCIATED WITH YOUR account IN THIS NOTICE.
You may also communicate your desire to cancel your subscription by
live chat with Customer Care. Please note, however, that live chat may
not be available to all users and, due to Customer Care agents’ hours,
will not be available at all times. For a Premium Membership, the day that
you successfully purchased a subscription will be the date of this
Agreement. Any refunds under this 3 -day cancellation policy will be
made within 10 days after our receipt of your written cancellation
notice.
Please note thhere cannot directly process refunds for
purchases made through Apple via the iOS application. Please contact
Apple regarding cancellation requests for subscriptions purchased
through the iOS application.
CANCELLATION AND REFUNDS
For Premium Membership subscribers residing in Wisconsin:
Right to Cancel. You are permitted to cancel this contract until midnight
of the 3rd day after the date on which you signed the contract. If within
this time period you decide you want to cancel this contract, you may do
so by notifying the Company by any writing mailed or delivered to us
at the address shown on the contract (THE SERVICE, INC., ATTN:
CANCELLATIONS, P.O. BOX 189, SOUTH PASADENA, CA 91031 USA),
within the previously described time period. If you do so cancel, any
payments made by you will be refunded within 21 days after notice of
cancellation is delivered, and any evidence of any indebtedness
executed by you will be canceled by we and arrangements will be
made to relieve you of any further obligation to pay the same.
You may also communicate your desire to cancel your subscription by
emailing subscriptions@support.com or by live chat with Customer
Care. Please note, however, that live chat may not be available to all
users and, due to Customer Care agents’ hours, will not be available at
all times. For a Premium Membership, the day that you successfully
purchased a subscription will be the date of this Agreement. Any refunds
under this 3 -day cancellation policy will be made within 10 days after
our receipt of your written cancellation notice.

Please note thhere cannot directly process refunds for
purchases made through Apple via the iOS application. Please contact
Apple regarding cancellation requests for subscriptions purchased
through the iOS application.
12.4 Cancellation As a Result of Death or Disability. If by reason of death or
disability you are unable to receive the full Premium Membership for
which you contracted, you or your estate may elect to be relieved of the
obligation to make payments for services other than those received
before death or the onset of disability, except as provided in subsection
(iii).
i. If you have prepaid any amount for a Premium Membership, so much
of the amount prepaid that is allocable to services that you have not
received will be promptly refunded to you or your representative.
ii. "Disability" means a condition which precludes you from physically
using the Premium Membership during the term of disability and the
condition is verified in writing by a physician designated and
remunerated by you. Written verification from the physician must be
presented to us.
iii. If the physician determines that the duration of the disability will be
less than six (6) months, we may extend the term of the
Premium Membership contract for a period of six (6) months at no
additional charge to you in lieu of cancellation.

Section 12.5 only applies to subscribers residing in New York.
12.5 Account Holds and Other New York-specific terms:
i. i. We do not guarantee a certain number of matches will
be delivered to you as part of a Premium Membership. You will
receive all your available matches upon successful registration and
completion of the Compatibility Quiz, and we will continue to
add additional matches as they become available during the term of
your subscription.
ii. You may pause your Premium Membership for up to one (1) year by
providing written notice to us, Inc. P.O. Box 189, South
Pasadena, CA 91031 USA or emailing support@support.com.
iii. iii. You can review the New York Dating Services Consumer Bill of
Rights here.

13 **
RENEWALS**
IN ORDER TO PROVIDE CONTINUOUS SERVICE, THE SERVICE
AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE
SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU
CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT
TERM. WE ALWAYS COMMUNICATE RENEWAL PERIO DS TO YOU,
BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION
UPON CONFIRMATION OF PURCHASE, AND AS OTHERWISE
REQUIRED IN YOUR JURISDICTION. BY ENTERING INTO THIS
AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE
SUBJECT TO THE ABOVE - DESCRIBED AUTOM ATIC RENEWALS. IN
CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US
TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE
INSTALLMENT FEES, SALES OR OTHER TAXES (“RENEWAL FEES”) YOU
FURTHER ACKNOWLEDGE THAT THE RENEWAL FEES ARE SUBJECT
TO CHANGE AND MAY VARY BY YOUR PLACE OF RESIDENCE AT THE
TIME OF SUBSCRIPTION. IN ALL CASES, IF YOU DO NOT WISH YOUR
ACCOUNT TO RENEW AUTOMATI CALLY, PLEASE FOLLOW THE
DIRECTIONS SET OUT UNDER "CANCELLATIONS AND ACCOUNT
HOLDS" SECTION ABOVE.
14
Governing Law &
Venue
Unless prohibited by local law, this Agreement is governed by the laws of
the State of Delaware, without giving effect to any principles of conflicts
of laws. Notwithstanding the foregoing, Section 15 of this Agreement
shall be governed by the Federal Arbi tration Act. Any action to compel
arbitration, or challenging the enforceability or applicability of the
arbitration provisions herein, must be filed in the federal or state courts
of Delaware. Any action filed in any other court shall be transferred to, or
dismissed without prejudice for refiling only in, the federal or state courts
of Delaware, after removal to the appropriate federal court, if applicable,
for determination by the Delaware federal or state court as to whether
the action should be stayed pending, or otherwise referred to, arbitration.
Any claims that are not referred to arbitration must be adjudicated
exclusively in the federal or state courts of Delaware. For such claims,
the federal and state courts of Delaware shall have exclusive person al
jurisdiction and venue over you and us, and you and we waive any
objection based on inconvenient forum. If either party files suit in any
court other than the federal or state courts of Delaware, in deciding
whether to transfer or dismiss the action, or otherwise give effect to this

provision, the court shall apply the standard set forth in Atlantic Marine
Construction Co. v. U.S. District Court for the Western District of Texas,
571 U.S. 49 (2013). The parties also agree that transfer or dismissal
cannot be denied based on inconvenience to the parties, piecemeal
adjudication of the claims, a risk of inconsistent findings of la w or fact,
the presence of other parties who are not party to these terms, or any
other private or public considerations. Nothing in this Agreement is
intended to limit a party’s right to seek equitable relief at any time. If the
Arbitration Agreement (as set forth in Section 15) is held to be
unenforceable, you and we agree that any claims or disputes that you or
we have against each other must be resolved in the federal or state
courts located in Delaware to the extent permissible by applicable law.
Notwithstanding the foregoing, claims appropriately brought in small
claims court may be filed in any court of competent jurisdiction. For the
sake of clarity, the ch oice of Delaware law shall not exclude, limit or
supersede a consumer’s rights or remedies under mandatory consumer
protection laws in the jurisdiction where the consumer resides.
15
Arbitration Agreement, Class Action Waiver and Jury Trial
Waiver
15.1 Purpose: This section 15 of the Agreement (henceforth referred to as
“Arbitration Agreement”) facilitates the prompt and efficient resolution of
any Disputes that may arise between you and . Arbitration is a
form of private Dispute (as defined below) resolution in which parties to
a contract agree to submit their Disputes and potential Disputes to a
neutral third person (called an arbitrator) for a binding decision, instead
of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury
trial.
Please read this Arbitration Agreement carefully. It provides that all
Disputes between you and shall be resolved by binding
arbitration. Arbitration replaces the right to go to court. In the absence of
this Arbitration Agreement, you may otherwise have a right or opportunity
to bring claims in a court, before a judge or jury, and/or to participate in
or be represented in a case filed in cou rt by others (including, but not
limited to, class actions). Entering into this Arbitration Agreement
constitutes a waiver of your and our right to litigate claims in court and all
opportunity to be heard by a judge or jury. There is no judge or jury in
arbitration, and court review of an arbitration award is limited. The
arbitrator must follow this Arbitration Agreement and can award the

same damages and relief as a court (including attorney’s fees, if
otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “” means
the Company and its parents, subsidiaries, and affiliated companies,
and each of their respective officers, directors, employees, and agents.
The term “Dispute” means any dispute, claim, or controversy between
you and regarding any aspect of your relationship with
, whether based in contract, statute, regulation, ordinance, tort
(including, but not limited to, fraud, misrepresentation, fraudulent
inducement, negligence, gross negligence or reckless behavior), or any
other legal or equitable theory, and includes the validity, enforceability or
scope of this Arbitration Agreement (with the exception of the
enforceability of the Class Action Waiver in this Arbitration Agreement) .
“Dispute” is to be given the broadest possible meaning that will be
enforced.
YOU AND THE SERVICE EACH AGREE THAT, EXCEPT AS PROVIDED
BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER
PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN
THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION R ATHER THAN IN COURT IN
ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
15.2 Pre-Arbitration Dispute Resolution: For all Disputes, you and we must
first give each other an opportunity to resolve the Dispute before
commencing arbitration. You must commence any Dispute you have
with us by mailing written notification to us, Inc., c/o The
Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801.
That written notification must include (1) your name, (2) your address, (3)
your phone number, (4) your email address used to create your
account, (5) a written descri ption of the Dispute, (6) a description of the
specific relief you seek, and (7) your personal signature. If We do
not resolve the Dispute to your satisfaction within 45 days after it
receives your written notification, you may pursue your Dispute in
arbitration. We must commence any Dispute we have with you by
sending you a written notification to the email address used to create
your account that includes a written description of the Dispute
and a description of the specific relief we see k. If the Dispute is not
resolved to our satisfaction within 45 days after you receive our written
notification, we may pursue our Dispute in arbitration. Either party may
communicate directly with the other in an effort to satisfy or resolve any
Dispute, including by communicating any offers or demands.
15.3 Arbitration Procedures: If this Arbitration Agreement applies and the
Dispute is not resolved as provided above (“Pre -Arbitration Claim

Resolution”) either you or we may initiate arbitration proceedings.
The American Arbitration Association (“AAA”), www.adr.org will arbitrate
all Disputes, and the arbitration will be conducted before a single
arbitrator. The arbitration shall be commenced as an individual
arbitration, and shall in no event be commenced as a representative or
class arbitration. However, this shall not preclude the application of
Section 15k below. All issues shall be for the arbitrator to decide,
including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000 USD,
the AAA’s Consumer Arbitration Rules will apply; for Disputes involving
$75,000 USD or more, the AAA’s Commercial Arbitration Rules will
apply. In either instance, the AAA’s Optional Rules For Emergency
Measures Of Protection shall apply. The AAA rules are available at
www.adr.org or by calling 1 -800-778-7879. This Arbitration Agreement
governs in the event it conflicts with the applicable arbitration rules.
Under no circumstances will class action procedures or rules apply to
the arbitration. However, this shall not preclude the ap plication of
Section 15k below.
In the event of a Mass Filing (defined in Section 15k below), the
procedures, fees, and costs described in Section 15k will govern
notwithstanding any applicable rule of the arbitration provider to the
contrary.
Because your contract with us, the Agreement, and this
Arbitration Agreement concern interstate commerce, the Federal
Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However,
the arbitrator will apply applicable substantive law con sistent with the
FAA and the applicable statute of limitations or condition precedent to
suit.
15.4 Arbitration Award: The arbitrator may award on an individual basis any
relief that would be available pursuant to applicable law, and will not have
the power to award relief to, against or for the benefit of any person who
is not a party to the proceeding. The arbitrator sha ll make any award in
writing but need not provide a statement of reasons unless requested by
a party. Such award by the arbitrator will be final and binding on the
parties, except for any right of appeal provided by the FAA, and may be
entered in any court having jurisdiction over the parties for purposes of
enforcement.
15.5 Location of Arbitration: The arbitration may be heard in Delaware, as
otherwise required by the arbitration provider’s rules, or in another
location mutually agreed to by the parties. The parties may appear via
teleconference as though they were appearing in person unless
otherwise ordered by the arbitrator.

15.6 Payment of Arbitration Fees and Costs: The initiating party must pay all
filing fees that the arbitration provider requires to be paid by the initiating
party. Your and our responsibility to pay other administrative and
arbitrator fees and costs will also be as set forth in the applicable
arbitration provider’s rules, unless the arbitrator determines the claims
are frivolous. If a claim is determined to be frivolous, the claimant is
responsible for reimbursing the respondent for its portion of all such
administrative, hearing, filing, and/or other fees incurred as a result of
the frivolous claim. The arbitration provider may also impose such
obligation on the claimant’s attorneys. Fees, costs, and sanctions may
also be awarded in the arbitration against a party of a party’s attorney as
provided pursuant to applicable law. You may qualify for a waiver of
certain arbitration costs under the arbitration provider’s rules or other
applicable law. If you meet the standard for proceeding in forma pauperis
in federal court, Delaware state court, or the courts of your state of
residence, cannot obtain a waiver from the arbitration provider of any
filing fees you are required to pay, and the arbitration provider refuses to
administer the arbitration without your payment of said fees,
will pay the filing fees for you.
15.7 Class Action Waiver: The parties agree that the arbitrator may not
consolidate more than one person’s claims, and may not otherwise
preside over any form of a class or representative proceeding or claims
(such as a class action, representative action, consolidated action or
private attorney general action), except as set forth in Section 15k below,
unless both you and specifically agree in writing to do so
following initiation of the arbitration. Neither you, nor any other
Registered Member of ours and/or user of ours services, can
be a class representative, class member, or otherwise participate in a
class, representative, consolidated or private attorney general
proceeding, except as set forth in Section 15k below.
15.8 Limitation of Procedural Rights: You understand and agree that, by
entering into this Arbitration Agreement, you and are each
agreeing to arbitration instead of the right to a trial before a judge or jury
in a public court. In the absence of this Arbitration Agreement, you and
might otherwise have had a right or opportunity to bring
Disputes in a court, before a judge or jury, and/or to participate or be
represented in a case filed in court by others (including class actions).
You and we give up those rights. Other rights that you or we would have
if you or we went to court, such as the right to appeal and to certain types
of discovery, may be more limited in arbitration. The right to appellate
review of an arbitrator’s decision is much more limited than in court, and
in general an arbitrator’s decision may not be appealed for errors of fact
or law.

15.9 Severability: If any clause within this Arbitration Agreement (other than
the Class Action Waiver clause above and Mass Filing clause below) is
found to be illegal or unenforceable, that clause will be severed from this
Arbitration Agreement, and the remainder of this Arbitration Agreement
will be given full force and effect. If the Class Action Waiver or Mass Filing
clause is found to be illegal or unenforceable, then this entire Arbitration
Agreement will be unenforceable, and the Dispute will be decided by a
court.
15.10 Continuation: This Arbitration Agreement shall survive the termination of
your contract with us and your use of ours Services.
15.11 Mass Filing: If, at any time, 25 or more similar demands for arbitration are
asserted against us or related parties by the same or coordinated
counsel or entities, or if we assert 25 or more similar demands for
arbitration or counterclaims against similarly situated pa rties, within a
period of 60 days or otherwise close in proximity (“Mass Filing”), the
additional protocols set forth below shall apply:
• Acknowledgment of Mass Filing Protocols. If you or we, or you or our
counsel, files a demand for arbitration that fits within the definition of
Mass Filing referred to above, then you and we agree that the
demand for arbitration shall be subject to the additional protocols set
forth in this Mass Filing subsection. If the parties disagree as to
whether a series of filings fits within the definition of Mass Filing
above, the arbitration provider shall resolve the disagreement. You
and we also acknowledge that the adjudication of the dispute may be
delayed and that any applicable statute of limitations shall be tolled
from the time of filing of the demand for arbitration, and pending
resolution of the bellwether proceedings.
• Bellwether Arbitrations. Bellwether proceedings are encouraged by
courts and arbitration administrators where there are multiple
disputes involving similar claims against the same or related parties.
The parties shall select ten individual arbitration claims (five per side),
designated the “Initial Test Cases,” to proceed to arbitration. Only the
Initial Test Cases shall be filed with the arbitrator. All other claims
shall be held in abeyance. This means that the filing fees will be paid
only for the Initial Test Cases; for all other demands for arbitration in
a Mass Filing, the filing fees (together with any arbitrator
consideration of the other demands) will be in abeyance, and neither
you nor we will be required to pay any such filing fees. You and
We also agree that neither you nor we shall be deemed to be
in breach of this Arbitration Agreement for failure to pay any such
filing fees, and that neither you nor we shall be entitled to any
contractual, statutory, or other remedies, damages, or s anctions of

any kind for failure to pay any such filing fees. If, pursuant to this
subsection, a party files non -Bellwether Arbitrations with the
arbitration provider, the parties agree that the arbitration provider
shall hold those demands in abeyance and not refer t hem to the
arbitrator pending resolution of the Initial Test Cases. Unless the
claims are resolved in advance or the schedule is extended, the
arbitrators will render a final award for the Initial Test Cases within 120
days of the initial pre- hearing conference.
• Global Mediation. Following the resolution of the Initial Test Cases,
the parties agree to engage in a global mediation of all the remaining
individual arbitration claims comprising the Mass Filing (“Global
Mediation”), deferring any filing costs associated with the non -Initial
Test Cases until the Initial Test Cases and subsequent Global
Mediation have concluded. After the final awards are provided to the
mediator in the Initial Test Cases, the mediator and the parties shall
have 90 days to agree upon a substantive methodology and make an
offer to resolve the outstanding cases. If the Parties are unable to
resolve the outstanding claims during the Global Mediation, the
remaining claims shall proceed in court unless the parties agree to
an alternative procedure. You and we also acknowledge that an y
applicable statute of limitations shall be tolled pending resolution of
the global mediation process.
• Arbitration Provider’s Authority to Apply Mass Filing Rules.
Notwithstanding this Section 15k, if a series of arbitration demands is
determined by the arbitration provider not to constitute a Mass Filing
pursuant to this Arbitration Agreement, but such demands constitute
a mass filing pursuant to the arbitration pro vider’s mass filing rules,
the arbitration provider may apply its mass filing rules, procedures,
and fees.
• Enforcement of Subsection. A Court of competent jurisdiction
located in federal or state court in Delaware shall have the power to
enforce this subsection 15k.
15.12 Unavailability: If for some reason AAA is not available to administer the
arbitration and you live in California, the arbitration will be administered
by ADR Services, Inc. pursuant to its then in -effect arbitration rules and
procedures, available at https://www.adrservices.com/services-
2/arbitration-rules/. If for some reason AAA is not available to administer
the arbitration and you live outside of California, the arbitration will be
administered by National Arbitration and Mediation pursuant to its most
current Comprehensive Dispute Resolution Rules and P rocedures,
available at https://www.namadr.com/resources/rules-fees-forms, or
under its most current Supplemental Rules for Mass Arbitrations, as

applicable, available at
https://www.namadr.com/content/uploads/2021/12/SupplementalRule
s12.22.21.pdf. If none of these arbitration providers is available, including
because it is not able to administer the arbitration(s) consistent with the
rules, procedures, and terms of this arbitration agreement, including
those regarding mass filings, the parties will select an alternative arbitral
forum, with comparable fees and procedures for mass filings, if
applicable. If the parties cannot agree on an appropriate alternative
arbitration provider, then the parties will ask a court of competent
jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able
to administer the arbitration(s) consistent with the rules, procedures, and
terms of this arbitration agreement, including those regarding mass
filings, if applicable. If no such arbitration provider is available, the
dispute shall be resolved in state or federal court in Delaware.
16
General Provisions
16.1 Right to Seek Injunction. Violation of this Agreement may cause
irreparable harm, and therefore agree thhere will be
entitled to seek extraordinary relief in court, including but not limited to
temporary restraining orders, preliminary injunctions and permanent
injunctions without the necessity of posting a bond or other security, in
addition to and without prejudice to any other rights or remedies that
we may have for a breach of this Agreement.
16.2 Miscellaneous. This Agreement, which you accept upon registration for
the Services, the Privacy Policy located on the Services, and any
applicable payment, renewal, additional Services terms, comprise the
entire agreement between you and regarding the use of this
Service, superseding any prior agreements between you and
related to your use of the Services (including, but not limited to, any prior
versions of this Agreement). The FAQ's found on the Services are for
informational purposes only and are not deemed to be part of this
Agreement. Unless otherwise explicitly stated, the Agreement will
survive termination of your registration to the Services. The failure of
to exercise or enforce any right or provision of this Agreement
does not constitute a waiver of such right or provision. If any provision of
this Agreement is held inval id, the remainder of this Agreement will
continue in full force and effect. The section titles in this Agreement are
for convenience only and have no legal or contractual effect.

17
Digital Millen
nium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible on the Services,
please notify our copyright agent, as set forth in the Digital
Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid
under the DMCA, you must provide the following information in writing:
(1.) An electronic or physical signature of a person authorized to act on
behalf of the copyright owner;
(2.) Identification of the copyrighted work that you claim is being
infringed;
(3.) Identification of the material that is claimed to be infringing and
where it is located on the Services;
(4.) Information reasonably sufficient to permit to contact you,
such as your address, telephone number, and email address;
(5.) A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright
owner, its agent, or law; and
(6.) A statement, made under penalty of perjury, that the above
information is accurate, and that you are the copyright owner or are
authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent the Company
P.O. Box 189, South Pasadena, CA 91031 USA copyright@support.com
(only copyright-related notices will be accepted at this email address. All
other inquiries or requests will be discarded.)
18
Revision Date
This Agreement was last revised on July 31, 2025.
Copyright © 2026 the Company All Rights Reserved. we and
other marks, colors, and images are registered and common law
trademarks of ours, Inc. Other trademarks and brands are the
property of their respective owners.

Print or download as PDF file