Last Updated On May 26th, 2016
'Website' means gorovr.com.
'App' means the ROVR App.
'You' refers to the user of the Website, the App and services related thereto.
'Services' refers to Your use of the Website and/or the App for any purpose whatsoever.
B. Services Description.
ROVR connects people who desire to make friends or find serious relationships. The App helps individual users ('Users') find new friends by connecting them with other Users who share similar interest, experience, and desired qualities. ROVR also provides Users with a platform to share information with other Users, such as messages, pictures, and videos.
C. Platform Nature of the Services.
The Company makes available a platform for Users to get to know other Users and meet if they wish. The Company does not facilitate or provide for meetings and activities between Users. The Company's responsibilities are limited to facilitating the availability of the Service to support the interaction of Users.
YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS, NOR IS THE COMPANY AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE CONNECTIONS BETWEEN USERS. THE COMPANY DOES NOT MONITOR ANY OF THE CONTENT CONTAINED IN ANY PROFILES. THE COMPANY HAS NO CONTROL OVER THE CONDUCT OF OTHER USERS OF THE SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE ENTERING OF ANY INTERACTION IS AT THE USER'S OWN RISK.
D. Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
E. Acceptance and Contractual Nature of this Agreement.
F. Term and Termination.
The term of this Agreement commences when you download, install, or use the Services and will continue in effect until terminated by you or Company in accordance with this Agreement You may terminate this Agreement by deactivating your online profile or by deleting the Services and all copies thereof from your mobile device, computer, or other electronic device. The Company has the right to terminate this Agreement at any time without notice if it ceases to support the Services, or for any other reason, with or without cause, which the Company may do in its sole discretion. Upon termination: i) all rights granted to you under this Agreement will also terminate; and ii) you must cease all use of the App and Website and deactivate your account and all copies of the Services from your mobile device, computer, or other electronic device and account. Termination will not limit any of Company's rights or remedies at law or in equity.
G. Use of Services.
No part of the Service is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Services. Any use of the Service is void where prohibited. By accessing and using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Services may be prohibited or restricted in certain areas. The Services are not intended for use outside of the United States. If you use the Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Services.
3. Non-commercial Use by Users.
The Services are for personal use only. Users may not use the Services or any content contained in the Services (including, but not limited to, content of other Users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any User to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other User. Organizations, companies, and/or businesses may not use the Services for any purpose except with the Company's express prior written consent (such as for promoted profiles or other advertisements), which the Company may provide or deny in its sole discretion. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Services.
4. Account Maintenance and Security.
You are responsible for maintaining the confidentiality of your username, password, and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Services. You can notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at firstname.lastname@example.org. The Company will not be liable for any loss or damage arising from your failure to comply with this Section 7(d). Your failure to maintain accurate, complete, and up-to-date account information, may result in your inability to access and use the Services or the Company's termination of this Agreement with you. Unless otherwise permitted by the Company in writing, you may only possess one account.
5. User Conduct.
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no exchanging of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Company, other Users, or any other party.
a. User-Provided Content.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, 'post') on the Services or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, 'Content'). You may not post as part of the Services, or transmit to the Company or any other User (either on or off the Services), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.
By providing Content to the Company, you grant the Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to grant the Company the license to the Content as set forth above; and (ii) neither the Content nor your submission, uploading, publishing or otherwise making available of such Content nor the Company's use of the Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove Content, at the Company's sole discretion and at any time and for any reason, without notice to you. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.You agree that any Content you place on the Service may be viewed by other Users and may be viewed by any person visiting or participating in the Services.
b. Prohibited Conduct.
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Services or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Services but involve Users you meet through the Services. Without limitation, you may not use the Services to:
i. impersonate any person or entity;
ii. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
iii. advocate harassment or intimidation of another person;
iv. request money from, or is intended to otherwise defraud, other users of the Service;
v. involve the transmission of 'junk mail', 'chain letters,' or unsolicited mass mailing or 'spamming' (or 'spimming', 'phishing', 'trolling' or similar activities);
vi. promote information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
vii. promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
viii. post video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
ix. post restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
x. post material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
xi. post any nude content;
xii. post instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
xiii. post viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
xiv. impersonate, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xv. post information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
xvi. disrupt the normal flow of dialogue, cause a screen to 'scroll' faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
xvii. solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person's personal information without his or her permission;
xviii. publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
xix. express or imply that any statements you make are endorsed by the Company without our specific prior written consent of the Company;
xx. use the Service in an illegal manner or to commit an illegal act; access the Service in a jurisdiction in which it is illegal or unauthorized;
xxi. ask or use users to conceal the identity, source, or destination of any illegally gained money or products;
xxii. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, 'data mine', or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
xxiii. interfere with or disrupt the Service or the servers or networks connected to the Service;
xxiv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
xxv. 'frame' or 'mirror' any part of the Service, without the Company's prior written authorization;
xxvi. use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;
xxvii. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so; or
xxviii. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates the terms of this Agreement, including removing the offending communication from the Services and terminating or suspending the account of such violators.
c. Disclosure of User Information and Content by the Company.
H. Interactions With Other Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF THE USERS. THE COMPANY DOES NOT INQUIRE INTO THE BACKGROUNDS OF THE USERS OR ATTEMPT TO VERIFY THE STATEMENTS POSTED BY THE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. NOTWITHSTANDING THE FOREGOING, THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND WITHOUT NOTICE.
The Company is not responsible for the conduct of any user. As noted in this Agreement, in no event shall the Company, its managers, members, agents, affiliates or its 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 Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Users. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with other Users. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users.
I. Updates And Modifications to Service.
The Company may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, 'Updates'). Updates may also modify or delete in their entirety certain features and functionality. Updates may be automatic or may require you to acknowledge and complete downloads before completion. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.
2. Modifications to Services.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, the Company reserves the right at any time in its sole discretion to block Users from accessing the Services.
J. User License and Restrictions.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
a. access, download, install and use the App on your personal device solely in connection with your use of the Services; and
b. access, stream, download, and use any content, including User content, to which you are permitted to access, information and related materials that may be made available through the Services; in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Company.
2. License Restrictions.
You shall not:
a. copy the Services, except as expressly permitted by this license; use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services;
b. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
c. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
d. link to, mirror or frame any portion of the Services;
e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
f. remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application; and shall not
g. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
h. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
i. use the App or the Website in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company.
The Company owns and retains all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. 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 through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, 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.
L. Copyright Law.
The Company respects copyright law and expects its Users and other users to do the same. It is the Company's policy to terminate in appropriate circumstances the accounts of Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
1. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide to the email address provided below with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);
d. your address, telephone number and email address;
e. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to email@example.com.
M. Limitation of Liability.
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTACT YOU HAVE WITH OTHER ROVR USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. FURTHERMORE, IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE MEMBERS, MANAGERS, AGENTS, LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR:
1. PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES;
2. YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES;
3. ANY INTERACTION OR RELATIONSHIP BETWEEN YOU AND ANY ROVR USER OR OTHER THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES RESULTING FROM ANY INTERACTION OR RELATIONSHIP; OR
4. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
5. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
The Services are based in the state of Arizona in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
You agree to indemnify and hold the Company and its officers, directors, employees, and agents, successors, and assigns harmless against any and all claims, demands, losses, deficiencies, actions, judgments, settlements, interests, awards, penalties, fines, liabilities, and expenses (including reasonable attorneys' fees), arising out of or in connection with: (i) your access to, and use of, the Services; (ii) your misuse of the Services; (iii) your breach or violation of any of the terms of this Agreement; (iv) your User Content and the Company's use thereof; or (v) your interaction with, and violations of, the rights of any third party, including Users. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
P. Third Party Services and Content.
The Services may contain, and the Services or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Services, 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 third party. You further acknowledge and agree that the Company 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, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
Q. Dispute Resolution.
You and the Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.
1. Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
2. Arbitration Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration and a separate form for California residents) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Arizona and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
3. Arbitration Location and Procedure.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
4. Arbitrator's Decision.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. The Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding other provisions of this Agreement, if the Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending the Company written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of the Company's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
R. No Endorsement.
The Company does not endorse any User. Users are required by these Terms to provide accurate information, and although the Company may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, it does not make any representations about, confirm, or endorse any User or the User's purported identity or background. The Company therefore recommends that you always exercise due diligence and care when deciding whether to interact with other Users. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from the Company with respect to such actions or omissions.
Any notices or other communications permitted hereunder will be in writing and given by the Company (i) via email (in each case to the address that you provide) (ii) by posting via the Application, (iii) SMS, (iv) MMS, (iv) or other text message, and the date of transmission will be deemed the date on which such notice is received.
T. Customer Service.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
U. Controlling Law and Jurisdiction.
This Agreement and your use of the Services will be interpreted in accordance with the laws of the State of Arizona and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Maricopa County, Arizona or a United States District Court, District of Arizona located in Phoenix, Arizona for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision above.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
X. Disclaimer of Warranties.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION.
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE COMPANY MAKES NO WARRANTY THAT THE SERVICE AND COLLECTIVE CONTENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING ANY OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. NOTWITHSTANDING THE COMPANY'S FACILITATION OF INTERACTION BETWEEN USERS, THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
You acknowledge and agree that neither the Company nor ANY OF its MEMBERS, MANAGERS, AGENTS, affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
Any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.