4. Membership and Cancellation
5. Subscriptions; Charges on Your Billing Account.
If you enter into a Paid Subscription, we will bill you through an online account (your “Billing Account”) for use of the Service. You agree to pay us all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize us to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. We may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 5 includes any agreements you made with us on the Site when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our sole discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated. Your Paid Subscription, if any, will continue indefinitely until cancelled by you in one of the manners set forth herein. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, you must follow the instructions set-forth above in section 4. If you cancel your Paid Membership, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize us to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize us to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your Paid Subscription, if we do not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that we may either terminate or suspend your Membership and/or Paid Subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify us if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Site or Service when automatically renewing your Paid Subscription.
9. Your Interactions with Other Members. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. AS STATED ABOVE, YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON, OR IN ANY WAY SCREEN, OUR USERS AND/OR MEMBERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. We are not responsible for the conduct of any Member. As noted in and without limiting Sections 12 (disclaimers) and 13 (limits of liability) below, in no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Site or Service.
Advertisers The Site may include links to other web sites or services solely as a convenience to users and Members. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through the linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. Parties other than us may provide services or sell products via the Service. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, and content of such advertisers or linked websites. You should carefully review their privacy statements and other terms and conditions of use. The websites linked to/from the Site are not necessarily under the control of us and we are not responsible for the content of any linked site or any link contained in a non-affiliated link. If you decide to access any of the third-party sites linked to/from the Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and we shall not be responsible for notification of any change in name or location of any information on the Site. Your correspondence or business dealings with, or participation in promotions of advertisers or businesses found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or business. YOU AGREE THAT IN NO EVENT SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY DEALINGS WITH SUCH ADVERTISERS OR BUSINESSES FOUND ON WEBSITES LINKED TO/FROM THE SITE.
11. Our Responsibilities
We will operate the Site with the reasonable skill and care of an online service provider. We will use commercially reasonable efforts to maintain the operation of the Site, however, we may need to temporarily suspend operation of the Site or the Service from time to time for operational reasons. We shall use commercially reasonable efforts to restore the operation of the Site and the Service as soon as reasonably possible after any such temporary suspension. We also reserve the right to make changes to the Site and/or the Service from time to time as determined in our sole discretion.
12. Disclaimers of Warranties
13. Limitations of Liability
14. Modifications and Amendments
We may send you notifications and/or marketing messages as a result of your using the Site or Service. You may opt-in and/or opt-out of such alerts, notifications, or marketing messages at your discretion. These alerts, notifications, and/or marketing messages could be sent via e-mail, text (SMS or MMS), and/or browser push notifications. The method for unsubscribing or opting-out of such alerts will be contained within the alert itself but generally (i) browser push notifications can be unsubscribed from by toggling your browser settings; (ii) email notifications can be unsubscribed from by the “unsubscribe” link in all such e-mails; and (iii) SMS notifications can be unsubscribed from at any time by replying “STOP” to such text message.
16. Proprietary Rights.
We own and retain all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains our copyrighted material, trademarks, and other proprietary information. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining our prior written consent or, if we do not own such property, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
18. Jurisdiction, Applicable Law, and Limitations
Complaints The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any content or other material hosted by the Site infringes your copyright, you (or your agent) may send us a notice requesting that such content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the content or other material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to us at the address below. Please note that you may be liable for damages (including attorney’s fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third-party for publication and annotation. DMCA Copyright notices should be sent to the contact information below.
20. User Disputes
22. Please include your Site username and email address in any correspondence or your refund may be delayed. If you cancel, we will return, within a reasonable amount of time from the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your Paid Subscription within such three day period, we will refund the full amount of your Paid Subscription.
23. Contact Information
The Site and the Service are operated by a corporation organized under the laws of the State of Delaware, whose contact email address is [email protected].