Please read this Agreement carefully before using our Service because it is a legally binding document and affects your legal rights and obligations.
Updates to Agreement. We reserve the right to update or change this Agreement at any time by posting the most current version of the Agreement on the Service with a new Effective Date or providing you with a copy the current Agreement by any means permitted in this Agreement. All changes to the Agreement take effect on the new Effective Date. Your continued access or use of the Service after we post or notify you of any changes to the Agreement indicates your agreement to any changes.
Electronic Communications. By accessing or using the Service, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically are “written notice”.
Eligibility. You must be at least 18 years old or the age of majority in your state or country of residence, whichever is older, to use the Service. If you create an account (references to “account” and “membership” are used interchangeably in this Agreement and on the Service), you represent and warrant that you are not required to register as a sex offender with any government entity. If you use the Service outside the United States, you must comply with any local laws and regulations that are applicable to the Service. You agree that you are solely liable and responsible for your interactions with other users on the Service. The Service is void where prohibited or restricted.
Special Notices: YOU AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE SERVICE AND ARE REQUESTING TO BE PUBLICLY GRADED ON YOUR ACTIVITY ON THE SERVICE AS DESCRIBED IN THIS AGREEMENT.
THE GRADES ASSIGNED TO YOU AND ANY HASHTAGGED REVIEWS ARE PUBLIC AND VISIBLE TO ALL USERS ON THE SERVICE WHETHER YOU ARE LOGGED ON TO THE SERVICE OR NOT. BY PARTICIPATING IN THE SERVICE YOU CONSENT TO THE PUBLIC DISCLOSURE OF THE GRADES AND HASHTAGGED REVIEWS ASSIGNED BY ANONYMOUS USERS. POSTING HASHTAGGED REVIEWS IS OPTIONAL. IF YOU SELECT A HASHTAG TO POST YOU DO SO IN YOUR SOLE DISCRETION AND NOT DUE TO ANY ACTION BY THE GRADE.
YOU FURTHER AGREE THAT THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY AND THAT GRADES AND HASHTAGGED REVIEWS ARE ENGAGEMENT DEVICES ONLY AND DO NOT REPRESENT STATEMENTS OF FACT ABOUT YOU. OPINIONS, HASHTAGGED REVIEWS AND ANY OTHER STATEMENTS POSTED BY OUR USERS ARE THEIRS ALONE, AND NOT OPINIONS OF THE GRADE.
RELIANCE ON ANY INFORMATION PROVIDED BY THE GRADE OR BY ANY USER ON OUR SERVICE IS SOLELY AT YOUR OWN RISK.
THE SERVICE MAY CONTAIN MATERIALS THAT MAY BE CONSIDERED OFFENSIVE TO SOME OF OUR USERS. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE OUR SERVICE. THE GRADE IS NOT LIABLE FOR ANY GRADES, HASHTAGGED REVIEWS, FLIRTS OR INFORMATION PROVIDED ON THE SERVICE, ALL OF WHICH IS PROVIDED ON AN “AS-IS” “AS AVAILABLE” BASIS. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE FOR THE SERVICES OR THE INFORMATION WE PROVIDE.
3. PROPER USE OF THE SERVICE.
Personal Use. The Service and the content offered on the Service are intended for individual, personal, entertainment and noncommercial use in accordance with this Agreement. You agree not to offer for sale any products or services, or otherwise use the Service or any of the TDC Content or user information on the Service to organize social events or solicit users for commercial purposes, without the recipient’s prior express consent. You are not permitted to post your email address or phone number or any similar contact information in your profile, content, email, messages or any other communication to provide a means to circumvent any restrictions on the use of the Service. You should not provide your telephone number or financial information (for example, your credit card or bank account) anywhere on the Service. We may take any lawful action we deem necessary to investigate and enforce the proper use of the Service.
Prohibited Uses. You agree that you may not access or use the Service in order to do the following prohibited actions, as determined in our sole discretion:
attempt to get a password, other account information, or other private information from a member or any other user of the Service;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
restrict or inhibit any other user from using and enjoying the Service. For example, vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting of repetitive text) are prohibited;
send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes to any user of the Service, or contact any user that has specifically requested not to be contacted by you; use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, or spam;
provide any contact information which impersonates or creates a false identity or otherwise falsify any information;
improperly use support buttons or make false reports to us;
sell, buy, license or transfer access to your account;
use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce the Content or to manipulate the Service;
use or copy the TDC Content, any data or other content you view on and/or obtain from the Service to provide any product or service that is competitive to TDC;
interfere with, interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment;
use the Service in any manner that could damage, disable, overburden, or impair any TDC server, or networks connected to any TDC server, or interfere with any other party’s use and enjoyment of the Service;
gain unauthorized access to any Service, other accounts, computer systems or networks connected to any TDC server or to any of the Service, through hacking, cracking, and distribution of counterfeit software, password mining or any other means; reverse engineer, decompile or disassemble any software accessed through the Service, including any proprietary communications protocol used by us;
use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of any Service or any user files or data;
exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
use the Service for any unlawful purpose or any illegal activity, or post or submit any content whatsoever that is false, defamatory, libelous, obscene, threatening, abusive, hateful, racist, or of a menacing character or include any links to pornographic, indecent or sexually explicit material of any kind; or
post content that contains links to other sites that contain the kind of content which falls within the descriptions prohibited by this section.
Compliance with Laws. Your use of the Service and all User Content must comply with all applicable laws and regulations.
Provide Accurate Information. By using our Service, you agree to provide true, accurate, current and complete information about yourself, and maintain and properly update your account and profile. You agree to create only one user account.
Facebook Access. You are solely responsible for complying with Facebook or any other social network’s terms of service and conditions of use and we are not responsible in any way if you are no longer able to access the Service through any social network due to your social network account being suspended, blocked, closed or terminated for any reason whatsoever. Suspension or termination of your account with us does not affect your status on your social networking account.
Your Interactions with Other Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OUR USERS. TDC ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. TDC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. TDC RESERVES 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.
User Content. The Service may contain e-mail service, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others. You agree that all content you submit, post, upload, embed, display or communicate (“User Content”) will comply with this Agreement. Once posted, hashtagged reviews are considered User Content. You acknowledge and agree that your User Content, hashtagged reviews posted by you, and grades are public and that you have no expectation of privacy concerning your use of the Service, your grades or your User Content. Therefore, exercise caution when using the Service as any personal information that you communicate or grades or hashtagged reviews received may be seen and used by others and could result in unsolicited communications or other unwanted activity. TDC IS NOT RESPONSIBLE FOR ANY OTHER USER'S MISUSE OR MISAPPROPRIATION OF ANY OF YOUR USER CONTENT, OR YOUR GRADES, APPEARING ON OR THROUGH THE SERVICE.
Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content that you submit or distribute through the Service to the extent that you have such rights under applicable law. By providing User Content on the Service you represent and warrant that you own such User Content or otherwise have the right to grant us the license set forth in this Agreement; that the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Service is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights). You are solely responsible for, and we will have no liability in connection with your User Content or any other User Content you access through the Service.
License to User Content. All User Content must comply with this Agreement. By submitting, transmitting, or displaying your User Content on or through Service, you automatically grant (and you represent and warrant that you have the right to grant) to TDC, its licensees, affiliates and their respective successors in business and assigns, employees, licensees, agents, representatives and other users of the Service, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Service. This includes the right to filter, modify or adapt your User Content in order to transmit, display or distribute it over computer networks and to allow third parties to access User Content through Service, as provided in this Agreement.
User Conduct. TDC is not responsible for the conduct of any user. IN NO EVENT WILL TDC, ITS DIRECTORS OFFICERS, EMPLOYEES, REPRESENTATIVES, 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 YOUR OR ANYONE ELSE’S CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, DEFAMATION, FALSE LIGHT AND/OR SIMILAR CLAIMS, OR ANY OTHER DAMAGES RESULTING FROM ANY COMMUNICATIONS, CONTENT, HASHTAGGED REVIEWS OR GRADES APPEARING ON OR IN CONNECTION WITH THE SERVICE, 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, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow TDC's Safety Policy, prior to using the Service. You understand that TDC makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
Ownership of TDC Content and Marks. The Service, and all material published on or accessible through Service (excluding User Content), including, but not limited to text, tests, photographs, video, graphics, music, images, animations, audio, software, plug-ins, “applets” incorporated into the software, data, sounds, messages, comments, and other materials on the Service (together “TDC Content”) is owned by TDC or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. TDC owns a copyright in the selection, coordination, arrangement and enhancement of such TDC Content and a copyright in the Service. All trademarks, logos, service marks, trade names, and trade dress appearing on the Service, including, without limitation, The Grade (“Marks”) are proprietary to TDC or its licensees. You acknowledge that you do not acquire any ownership rights in any TDC Content or Marks downloaded from the Service. You may not frame or utilize framing techniques to enclose any Mark or TDC Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing the Marks without our prior express written consent. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Service or any of the Marks or TDC Content, in whole or in part, without our prior written consent. We reserve all rights not expressly granted in and to the Marks, TDC Content and Service.
No Other License Granted. Except for allowing you to use the Service for your use as set forth in this Agreement, when you use the Service you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of TDC. You understand that you have no rights to the TDC Content, Marks or Service except as indicated.
Modification to Service. TDC has the right to modify its Service (and services or products accessible through its Service) and TDC Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices in providing the Service, TDC Content or any Service is to stop using our Service and delete your account.
Monitoring Of User Content. TDC has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion.
Disclosure of Information. You agree that TDC may maintain, access and disclose your account information and User Content if required to do so by law or believes in good faith that such disclosure is necessary to protect the rights property or personal safety of TDC or any other person, or to respond to claims of any nature, comply with the law or otherwise enforce this Agreement.
Investigations. TDC has no obligation, but reserves the right to investigate suspected violations of this Agreement, including without limitation any violation arising from any User Content you make or send through the Service. TDC may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. TDC may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If TDC believes, in its sole discretion, that a violation of this Agreement has occurred, it may cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TDC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TDC AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANOTHER USER OR LAW ENFORCEMENT AUTHORITIES.
6. DIGITAL MILLENNIUM COPYRIGHT ACT
Filing a Complaint: TDC has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "DMCA") and avails itself of the protections under the DMCA. We reserve the right to remove any User Content on the Service which allegedly infringes another person's copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Service or remove, edit, or disable any User Content on our Service which allegedly infringes another person's copyright. It is our policy to terminate the access of repeat infringers. We are under no obligation to, and do not, scan content posted for any violations of third party rights. However, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party's copyright to remain on Service. If you believe any materials on Service infringes a copyright, you should provide us with a written request to takedown the allegedly infringing material in the form of a written letter, sent by fax or regular mail only, which includes:
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Your name, address, telephone number and email address (if available);
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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;
The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.
Filing a Counter-Notice: If your material has been removed or blocked by us as a result of our receipt of a DMCA Takedown Notice, you may send us a request asking for the allegedly infringing material to be restored in the form of a written letter, sent by fax or regular mail only, (“DMCA Counter-Notice”) that at a minimum includes:
- Identification of the copyrighted work (or works) that was removed by TDC and the location at which the works appeared before they were removed. The information must be reasonably sufficient to permit us to identify the copyrighted work;
- Your name, address, telephone number and email address (if available);
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located, or New York if your address is outside of the United States;
- A statement that you will accept service of process from the person (or an agent of such person) that provided the DMCA Takedown Notice to us;
- A statement that you have a good faith belief that the allegedly infringing material identified above as the copyrighted work was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- A signature of a person authorized to act on behalf of the owner of the copyrighted work that was taken down;
When we receive the DMCA Counter-Notice, we will send a copy of the DMCA Counter-Notice to the party who originally sent us the DMCA Takedown Notice requested the removal of the allegedly infringing material and we will reinstate the allegedly infringing material, unless that party obtains a court order supporting removal of the allegedly infringing material. Notwithstanding the foregoing, we reserve the right to ignore a DMCA Counter-Notice that is not in compliance with the DMCA.
Both the DMCA Takedown Notice and the DMCA Counter-Notice must be sent to our designated DMCA designated agent addressed as follows:
The Dating Company, LLC
334 Cornelia Street #104, New York, NY 12901
Survival. If this Agreement expires or is terminated for any reason, the provisions which by their nature should continue after termination such as TDC’s Rights, General, Legal Notices, Resolution of Disputes and Miscellaneous.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there are no third party beneficiaries to this Agreement.
U.S. Export Controls. Software from our Service shall be not be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Communications From Us. When you provide us with contact information such as an email address or telephone number in connection with our Service or login to the Service, you agree that this action establishes a business relationship giving us permission to communicate with you using your contact information. You agree to give us only contact information that you have the legal authority over such as your mobile or other telephone number, and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. Please be sure to give us updated contact information; you are solely responsible for the accuracy of for any the contact information you provide to us.
No liability for Accumulated Content. When using the Service, you may accumulate content that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in our sole discretion with or without notice and without liability of any kind. You acknowledge that, notwithstanding any rights you may have with respect to User Content, you have no ownership rights in your account and if your account is terminated or deactivated all your account information may be deleted. TDC AND ITS AFFILIATES DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY ACCOUNT INFORMATION RESIDING ON TDC’S SERVERS AND HAS THE RIGHT TO DELETE SUCH ACCOUNT INFORMATION AT ANY TIME FOR ANY REASON.
Waiver Of Liability. IN NO EVENT SHALL TDC OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO ANY CLAIMS BASED ON THE CONTENT ON THE SERVICE, OR CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW TDC’S SAFETY POLICY, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE. TDC AND ITS AFFILIATES MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE OR YOUR SAFETY. YOU SHOULD USE COMMON SENSE WHEN MEETING IN PERSON OR IN PROVIDING INFORMATION TO MEMBERS AND SHOULD NEVER FOR EXAMPLE, PROVIDE FINANCIAL INFORMATION, CREDIT CARD OR BANK ACCOUNT INFORMATION, TO OTHER USERS.
Disclaimer Of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICE AND ALL TDC CONTENT, INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICE) ARE PROVIDED ON AN “AS IS” BASIS. ANY ADVICE OR SUGGESTIONS THAT MAY BE POSTED ON THE SERVICE ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL ADVICE. TDC 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 ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST. YOU ACKNOWLEDGE THAT TDC MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT TDC AND ITS AFFILIATES DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE AGREEMENT OR THE DISCLAIMERS SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH YOUR GRADES, ANY OF THE MATERIALS CONTAINED IN THE SERVICE, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TDC AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TDC OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, BASED ON A CLAIM OF UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, CLAIMS OF DEFAMATION, FALSE LIGHT, SLANDER OR LIBEL, ARISING OUT OF OR RELATED TO THE USE, OR INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICE, EVEN IF TDC HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TDC’S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN TDC AND ITS AFFILIATES AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $50.00. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS BARRED PERMANENTLY.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Service or using the Service and agree to indemnify and hold TDC, and its affiliates, business partners, and their respective officers, directors, employees, and agents (collectively, “Indemnitees”) from and against claims of any kind that Indemnitees may incur arising out of or related to your use of the Service or in connection with a third party claim or otherwise, in relation to your use of the Service or your violation of either this Agreement, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release Indemnitees from any and all claims or liability related to your use of the Service.
California Rights: If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
9. RESOLUTION OF DISPUTES
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules, except that the arbitration provision shall be governed by the Federal Arbitration Act.
Resolution of any Dispute. In the event a dispute arises between you and TDC or its affiliates, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly by contacting us at 334 Cornelia Street #104, Plattsburgh, NY 12901. If, however, there is an issue that is unresolved, this Agreement describes how both of us will proceed:
Timing of Dispute: Any claim you may have with respect to Service, or the content accessed through the Service must be commenced within one (1) year after the claim arises or it shall be barred.
Binding Arbitration. The exclusive means of resolving disputes or claims arising out of or relating to this Agreement or the Service is BINDING ARBITRATION. INSTEAD OF SUING IN COURT, YOU AND TDC (AND ITS AFFILIATES) EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. This agreement to arbitrate is intended to be broadly interpreted. It includes disputes or claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory, but expressly excludes claims or disputes that pertain to TDC’s intellectual property rights, statutory claims that pursuant to law are not arbitrable, indemnification, contribution, interpleader, or injunctive relief arising out of a dispute or claim (“Claim”). The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. WE EACH AGREE THAT EACH OF US ARE WAIVING THE RIGHT TO GO TO COURT OR HAVE A TRIAL BY JURY and may bring Claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Agreement shall be conducted by a single arbitrator who shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”).
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to TDC shall be sent to the following address: The Dating Company, LLC, 334 Cornelia Street #104, Plattsburgh, New York 12901. All notices to you will be sent to the email provided in the your Account. Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or TDC may commence an arbitration proceeding. Unless otherwise agreed to by you and TDC in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator from JAMS who specializes in digital media claims. The arbitration of any Claim will be conducted in the State of New York, and for any non-frivolous Claim that does not exceed $10,000, TDC will: (1) pay all costs of the arbitration; (2) if you prefer, will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event TDC prevails. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules, including the selection of an arbitrator, filing, administration, discovery and arbitrator fees will be conducted under the JAMS Comprehensive Arbitration Rules & Procedures, except as modified by this Agreement or otherwise agreed to by you and TDC in writing. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this Dispute Resolution section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’ rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of this Agreement including any Claim that all or any part of this Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Choice of Law. Any proceeding to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against TDC (except for small claims actions) may be commenced only in the federal or state courts of New York, New York. You hereby consent to the jurisdiction of those courts for such purposes.
Exception. All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, will be resolved by binding arbitration in accordance with the procedures outlined above. Any appeal of a judgment from a small claims tribunal will be resolved by binding arbitration.
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