Terms & Conditions

TABLE OF CONTENTS

  1. AGREEMENT TO TERMS
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. USER REGISTRATION
  5. PROHIBITED ACTIVITIES
  6. USER GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. SUBMISSIONS
  9. THIRD-PARTY WEBSITE AND CONTENT
  10. ADVERTISERS
  11. SITE MANAGEMENT
  12. PRIVACY POLICY
  13. TERM AND TERMINATION
  14. MODIFICATIONS AND INTERRUPTIONS
  15. GOVERNING LAW
  16. DISPUTE RESOLUTION
  17. CORRECTIONS
  18. DISCLAIMER
  19. LIMITATIONS OF LIABILITY
  20. INDEMNIFICATION
  21. USER DATA
  22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  23. CALIFORNIA USERS AND RESIDENTS
  24. MISCELLANEOUS
  25. CONTACT US
  26. AGREEMENT TO TERMS
    These Terms of Use constitute a legally binding agreement made between you,
    whether personally or on behalf of an entity (“you”) and __, doing business
    as Date Perfectly (“Date Perfectly,” “we,” “us,” or “our”), concerning your access to
    and use of the dateperfect.com website as well as any other media form, media
    channel, mobile website or mobile application related, linked, or otherwise connected
    thereto (collectively, the “Site”). We are registered in Pennsylvania, United States and
    have our registered office at 9487 Main St, Pittsburg, PA 15106. You agree that
    by accessing the Site, you have read, understood, and agreed to be bound by all of
    these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF
    USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
    YOU MUST DISCONTINUE USE IMMEDIATELY.
    Supplemental terms and conditions or documents that may be posted on the Site
    from time to time are hereby expressly incorporated herein by reference. We reserve
    the right, in our sole discretion, to make changes or modifications to these Terms of
    Use at any time and for any reason. We will alert you about any changes by updating
    the “Last updated” date of these Terms of Use, and you waive any right to receive
    specific notice of each such change. Please ensure that you check the applicable
    Terms every time you use our Site so that you understand which Terms apply. You
    will be subject to, and will be deemed to have been made aware of and to have
    accepted, the changes in any revised Terms of Use by your continued use of the Site
    after the date such revised Terms of Use are posted.
    The information provided on the Site is not intended for distribution to or use by any
    person or entity in any jurisdiction or country where such distribution or use would be
    contrary to law or regulation or which would subject us to any registration
    requirement within such jurisdiction or country. Accordingly, those persons who
    choose to access the Site from other locations do so on their own initiative and are
    solely responsible for compliance with local laws, if and to the extent local laws are
    applicable.
    The Site is not tailored to comply with industry-specific regulations (Health Insurance
    Portability and Accountability Act (HIPAA), Federal Information Security Management
    Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may
    not use this Site. You may not use the Site in a way that would violate the GrammLeach-Bliley Act (GLBA).
    The Site is intended for users who are at least 18 years old. Persons under the age
    of 18 are not permitted to use or register for the Site.
  27. INTELLECTUAL PROPERTY RIGHTS
    Unless otherwise indicated, the Site is our proprietary property and all source code,
    databases, functionality, software, website designs, audio, video, text, photographs,
    and graphics on the Site (collectively, the “Content”) and the trademarks, service
    marks, and logos contained therein (the “Marks”) are owned or controlled by us or
    licensed to us, and are protected by copyright and trademark laws and various other
    intellectual property rights and unfair competition laws of the United States,
    international copyright laws, and international conventions. The Content and the
    Marks are provided on the Site “AS IS” for your information and personal use only.
    Except as expressly provided in these Terms of Use, no part of the Site and no
    Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
    posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
    licensed, or otherwise exploited for any commercial purpose whatsoever, without our
    express prior written permission.
    Provided that you are eligible to use the Site, you are granted a limited license to
    access and use the Site and to download or print a copy of any portion of the Content
    to which you have properly gained access solely for your personal, non-commercial
    use. We reserve all rights not expressly granted to you in and to the Site, the Content
    and the Marks.
  28. USER REPRESENTATIONS
    By using the Site, you represent and warrant that: (1) all registration information you
    submit will be true, accurate, current, and complete; (2) you will maintain the
    accuracy of such information and promptly update such registration information as
    necessary; (3) you have the legal capacity and you agree to comply with these Terms
    of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not
    access the Site through automated or non-human means, whether through a bot,
    script, or otherwise; (6) you will not use the Site for any illegal or unauthorized
    purpose; and (7) your use of the Site will not violate any applicable law or regulation.
    If you provide any information that is untrue, inaccurate, not current, or incomplete,
    we have the right to suspend or terminate your account and refuse any and all
    current or future use of the Site (or any portion thereof).
  29. USER REGISTRATION
    You may be required to register with the Site. You agree to keep your password
    confidential and will be responsible for all use of your account and password. We
    reserve the right to remove, reclaim, or change a username you select if we
    determine, in our sole discretion, that such username is inappropriate, obscene, or
    otherwise objectionable.
  30. PROHIBITED ACTIVITIES
    You may not access or use the Site for any purpose other than that for which we
    make the Site available. The Site may not be used in connection with any
    commercial endeavors except those that are specifically endorsed or approved by
    us.
    As a user of the Site, you agree not to:
    Systematically retrieve data or other content from the Site to create or compile,
    directly or indirectly, a collection, compilation, database, or directory without
    written permission from us.
    Trick, defraud, or mislead us and other users, especially in any attempt to learn
    sensitive account information such as user passwords.
    Circumvent, disable, or otherwise interfere with security-related features of the
    Site, including features that prevent or restrict the use or copying of any
    Content or enforce limitations on the use of the Site and/or the Content
    contained therein.
    Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
    Use any information obtained from the Site in order to harass, abuse, or harm
    another person.
    Make improper use of our support services or submit false reports of abuse or
    misconduct.
    Use the Site in a manner inconsistent with any applicable laws or regulations.
    Engage in unauthorized framing of or linking to the Site.
    Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
    or other material, including excessive use of capital letters and spamming
    (continuous posting of repetitive text), that interferes with any party’s
    uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
    alters, or interferes with the use, features, functions, operation, or maintenance
    of the Site.
    Engage in any automated use of the system, such as using scripts to send
    comments or messages, or using any data mining, robots, or similar data
    gathering and extraction tools.
    Delete the copyright or other proprietary rights notice from any Content.
    Attempt to impersonate another user or person or use the username of
    another user.
    Upload or transmit (or attempt to upload or to transmit) any material that acts
    as a passive or active information collection or transmission mechanism,
    including without limitation, clear graphics interchange formats (“gifs”), 1×1
    pixels, web bugs, cookies, or other similar devices (sometimes referred to as
    “spyware” or “passive collection mechanisms” or “pcms”).
    Interfere with, disrupt, or create an undue burden on the Site or the networks
    or services connected to the Site.
    Harass, annoy, intimidate, or threaten any of our employees or agents
    engaged in providing any portion of the Site to you.
    Attempt to bypass any measures of the Site designed to prevent or restrict
    access to the Site, or any portion of the Site.
    Copy or adapt the Site’s software, including but not limited to Flash, PHP,
    HTML, JavaScript, or other code.
    Except as permitted by applicable law, decipher, decompile, disassemble, or
    reverse engineer any of the software comprising or in any way making up a
    part of the Site.
    Except as may be the result of standard search engine or Internet browser
    usage, use, launch, develop, or distribute any automated system, including
    without limitation, any spider, robot, cheat utility, scraper, or offline reader that
    accesses the Site, or using or launching any unauthorized script or other
    software.
    Use a buying agent or purchasing agent to make purchases on the Site.
    Make any unauthorized use of the Site, including collecting usernames and/or
    email addresses of users by electronic or other means for the purpose of
    sending unsolicited email, or creating user accounts by automated means or
    under false pretenses.
    Use the Site as part of any effort to compete with us or otherwise use the Site
    and/or the Content for any revenue-generating endeavor or commercial
    enterprise.
  31. USER GENERATED CONTRIBUTIONS
    The Site may invite you to chat, contribute to, or participate in blogs, message
    boards, online forums, and other functionality, and may provide you with the
    opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
    broadcast content and materials to us or on the Site, including but not limited to text,
    writings, video, audio, photographs, graphics, comments, suggestions, or personal
    information or other material (collectively, “Contributions”). Contributions may be
    viewable by other users of the Site and through third-party websites. As such, any
    Contributions you transmit may be treated as non-confidential and non-proprietary.
    When you create or make available any Contributions, you thereby represent and
    warrant that:
    The creation, distribution, transmission, public display, or performance, and the
    accessing, downloading, or copying of your Contributions do not and will not
    infringe the proprietary rights, including but not limited to the copyright, patent,
    trademark, trade secret, or moral rights of any third party.
    You are the creator and owner of or have the necessary licenses, rights,
    consents, releases, and permissions to use and to authorize us, the Site, and
    other users of the Site to use your Contributions in any manner contemplated
    by the Site and these Terms of Use.
    You have the written consent, release, and/or permission of each and every
    identifiable individual person in your Contributions to use the name or likeness
    of each and every such identifiable individual person to enable inclusion and
    use of your Contributions in any manner contemplated by the Site and these
    Terms of Use.
    Your Contributions are not false, inaccurate, or misleading.
    Your Contributions are not unsolicited or unauthorized advertising, promotional
    materials, pyramid schemes, chain letters, spam, mass mailings, or other
    forms of solicitation.
    Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
    libelous, slanderous, or otherwise objectionable (as determined by us).
    Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
    anyone.
    Your Contributions are not used to harass or threaten (in the legal sense of
    those terms) any other person and to promote violence against a specific
    person or class of people.
    Your Contributions do not violate any applicable law, regulation, or rule.
    Your Contributions do not violate the privacy or publicity rights of any third
    party.
    Your Contributions do not violate any applicable law concerning child
    pornography, or otherwise intended to protect the health or well-being of
    minors.
    Your Contributions do not include any offensive comments that are connected
    to race, national origin, gender, sexual preference, or physical handicap.
    Your Contributions do not otherwise violate, or link to material that violates, any
    provision of these Terms of Use, or any applicable law or regulation.
    Any use of the Site in violation of the foregoing violates these Terms of Use and may
    result in, among other things, termination or suspension of your rights to use the Site.
  32. CONTRIBUTION LICENSE
    By posting your Contributions to any part of the Site, you automatically grant, and
    you represent and warrant that you have the right to grant, to us an unrestricted,
    unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
    worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell,
    publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display,
    reformat, translate, transmit, excerpt (in whole or in part), and distribute such
    Contributions (including, without limitation, your image and voice) for any purpose,
    commercial, advertising, or otherwise, and to prepare derivative works of, or
    incorporate into other works, such Contributions, and grant and authorize
    sublicenses of the foregoing. The use and distribution may occur in any media
    formats and through any media channels.
    This license will apply to any form, media, or technology now known or hereafter
    developed, and includes our use of your name, company name, and franchise name,
    as applicable, and any of the trademarks, service marks, trade names, logos, and
    personal and commercial images you provide. You waive all moral rights in your
    Contributions, and you warrant that moral rights have not otherwise been asserted in
    your Contributions.
    We do not assert any ownership over your Contributions. You retain full ownership of
    all of your Contributions and any intellectual property rights or other proprietary rights
    associated with your Contributions. We are not liable for any statements or
    representations in your Contributions provided by you in any area on the Site. You
    are solely responsible for your Contributions to the Site and you expressly agree to
    exonerate us from any and all responsibility and to refrain from any legal action
    against us regarding your Contributions.
    We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
    change any Contributions; (2) to re-categorize any Contributions to place them in
    more appropriate locations on the Site; and (3) to pre-screen or delete any
    Contributions at any time and for any reason, without notice. We have no obligation
    to monitor your Contributions.
  33. SUBMISSIONS
    You acknowledge and agree that any questions, comments, suggestions, ideas,
    feedback, or other information regarding the Site (“Submissions”) provided by you to
    us are non-confidential and shall become our sole property. We shall own exclusive
    rights, including all intellectual property rights, and shall be entitled to the unrestricted
    use and dissemination of these Submissions for any lawful purpose, commercial or
    otherwise, without acknowledgment or compensation to you. You hereby waive all
    moral rights to any such Submissions, and you hereby warrant that any such
    Submissions are original with you or that you have the right to submit such
    Submissions. You agree there shall be no recourse against us for any alleged or
    actual infringement or misappropriation of any proprietary right in your Submissions.
  34. THIRD-PARTY WEBSITE AND CONTENT
    The Site may contain (or you may be sent via the Site) links to other websites (“ThirdParty Websites”) as well as articles, photographs, text, graphics, pictures, designs,
    music, sound, video, information, applications, software, and other content or items
    belonging to or originating from third parties (“Third-Party Content”). Such Third-Party
    Websites and Third-Party Content are not investigated, monitored, or checked for
    accuracy, appropriateness, or completeness by us, and we are not responsible for
    any Third-Party Websites accessed through the Site or any Third-Party Content
    posted on, available through, or installed from the Site, including the content,
    accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or
    contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
    to, or permitting the use or installation of any Third-Party Websites or any Third-Party
    Content does not imply approval or endorsement thereof by us. If you decide to leave
    the Site and access the Third-Party Websites or to use or install any Third-Party
    Content, you do so at your own risk, and you should be aware these Terms of Use no
    longer govern. You should review the applicable terms and policies, including privacy
    and data gathering practices, of any website to which you navigate from the Site or
    relating to any applications you use or install from the Site. Any purchases you make
    through Third-Party Websites will be through other websites and from other
    companies, and we take no responsibility whatsoever in relation to such purchases
    which are exclusively between you and the applicable third party. You agree and
    acknowledge that we do not endorse the products or services offered on Third-Party
    Websites and you shall hold us harmless from any harm caused by your purchase of
    such products or services. Additionally, you shall hold us harmless from any losses
    sustained by you or harm caused to you relating to or resulting in any way from any
    Third-Party Content or any contact with Third-Party Websites.
  35. ADVERTISERS
    We allow advertisers to display their advertisements and other information in certain
    areas of the Site, such as sidebar advertisements or banner advertisements. If you
    are an advertiser, you shall take full responsibility for any advertisements you place
    on the Site and any services provided on the Site or products sold through those
    advertisements. Further, as an advertiser, you warrant and represent that you
    possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other
    relationship with advertisers.
  36. SITE MANAGEMENT
    We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
    these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
    discretion, violates the law or these Terms of Use, including without limitation,
    reporting such user to law enforcement authorities; (3) in our sole discretion and
    without limitation, refuse, restrict access to, limit the availability of, or disable (to the
    extent technologically feasible) any of your Contributions or any portion thereof; (4) in
    our sole discretion and without limitation, notice, or liability, to remove from the Site or
    otherwise disable all files and content that are excessive in size or are in any way
    burdensome to our systems; and (5) otherwise manage the Site in a manner
    designed to protect our rights and property and to facilitate the proper functioning of
    the Site.
  37. PRIVACY POLICY
    We care about data privacy and security. Please review our Privacy
    Policy: dateperfect.com/privacy-policy. By using the Site, you agree to be bound
    by our Privacy Policy, which is incorporated into these Terms of Use. Please be
    advised the Site is hosted in the United States. If you access the Site from any other
    region of the world with laws or other requirements governing personal data
    collection, use, or disclosure that differ from applicable laws in the United States,
    then through your continued use of the Site, you are transferring your data to the
    United States, and you agree to have your data transferred to and processed in the
    United States.
  38. TERM AND TERMINATION
    These Terms of Use shall remain in full force and effect while you use the Site.
    WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
    RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
    OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
    BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
    FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
    REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS
    OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
    YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT
    AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
    WITHOUT WARNING, IN OUR SOLE DISCRETION.
    If we terminate or suspend your account for any reason, you are prohibited from
    registering and creating a new account under your name, a fake or borrowed name,
    or the name of any third party, even if you may be acting on behalf of the third party.
    In addition to terminating or suspending your account, we reserve the right to take
    appropriate legal action, including without limitation pursuing civil, criminal, and
    injunctive redress.
  39. MODIFICATIONS AND INTERRUPTIONS
    We reserve the right to change, modify, or remove the contents of the Site at any
    time or for any reason at our sole discretion without notice. However, we have no
    obligation to update any information on our Site. We also reserve the right to modify
    or discontinue all or part of the Site without notice at any time. We will not be liable to
    you or any third party for any modification, price change, suspension, or
    discontinuance of the Site.
    We cannot guarantee the Site will be available at all times. We may experience
    hardware, software, or other problems or need to perform maintenance related to the
    Site, resulting in interruptions, delays, or errors. We reserve the right to change,
    revise, update, suspend, discontinue, or otherwise modify the Site at any time or for
    any reason without notice to you. You agree that we have no liability whatsoever for
    any loss, damage, or inconvenience caused by your inability to access or use the
    Site during any downtime or discontinuance of the Site. Nothing in these Terms of
    Use will be construed to obligate us to maintain and support the Site or to supply any
    corrections, updates, or releases in connection therewith.
  40. GOVERNING LAW
    These Terms of Use and your use of the Site are governed by and construed in
    accordance with the laws of the Commonwealth of Pennsylvania applicable to
    agreements made and to be entirely performed within the Commonwealth of
    Pennsylvania, without regard to its conflict of law principles.
  41. DISPUTE RESOLUTION
    Binding Arbitration
    If the Parties are unable to resolve a Dispute through informal negotiations, the
    Dispute (except those Disputes expressly excluded below) will be finally and
    exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
    THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
    HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
    Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and,
    where appropriate, the AAA’s Supplementary Procedures for Consumer Related
    Disputes (“AAA Consumer Rules”), both of which are available at the AAA
    website: www.adr.org. Your arbitration fees and your share of arbitrator compensation
    shall be governed by the AAA Consumer Rules and, where appropriate, limited by
    the AAA Consumer Rules. The arbitration may be conducted in person, through the
    submission of documents, by phone, or online. The arbitrator will make a decision in
    writing, but need not provide a statement of reasons unless requested by either
    Party. The arbitrator must follow applicable law, and any award may be challenged if
    the arbitrator fails to do so. Except where otherwise required by the applicable AAA
    rules or applicable law, the arbitration will take place in United States, Pennsylvania.
    Except as otherwise provided herein, the Parties may litigate in court to compel
    arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or
    enter judgment on the award entered by the arbitrator.
    If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
    be commenced or prosecuted in the state and federal courts located in United
    States, Pennsylvania, and the Parties hereby consent to, and waive all defenses of
    lack of personal jurisdiction, and forum non conveniens with respect to venue and
    jurisdiction in such state and federal courts. Application of the United Nations
    Convention on Contracts for the International Sale of Goods and the Uniform
    Computer Information Transaction Act (UCITA) are excluded from these Terms of
    Use.
    In no event shall any Dispute brought by either Party related in any way to the Site be
    commenced more than one (1) years after the cause of action arose. If this provision
    is found to be illegal or unenforceable, then neither Party will elect to arbitrate any
    Dispute falling within that portion of this provision found to be illegal or unenforceable
    and such Dispute shall be decided by a court of competent jurisdiction within the
    courts listed for jurisdiction above, and the Parties agree to submit to the personal
    jurisdiction of that court.
    Restrictions
    The Parties agree that any arbitration shall be limited to the Dispute between the
    Parties individually. To the full extent permitted by law, (a) no arbitration shall be
    joined with any other proceeding; (b) there is no right or authority for any Dispute to
    be arbitrated on a class-action basis or to utilize class action procedures; and (c)
    there is no right or authority for any Dispute to be brought in a purported
    representative capacity on behalf of the general public or any other persons.
    Exceptions to Arbitration
    The Parties agree that the following Disputes are not subject to the above provisions
    concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or
    concerning the validity of, any of the intellectual property rights of a Party; (b) any
    Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
    unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be
    illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
    within that portion of this provision found to be illegal or unenforceable and such
    Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
    that court.
  42. CORRECTIONS
    There may be information on the Site that contains typographical errors,
    inaccuracies, or omissions, including descriptions, pricing, availability, and various
    other information. We reserve the right to correct any errors, inaccuracies, or
    omissions and to change or update the information on the Site at any time, without
    prior notice.
  43. DISCLAIMER
    THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
    THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
    RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
    WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND
    YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
    PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
    REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
    SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE
    AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
    ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
    PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
    RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
    UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
    ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
    STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
    TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
    HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
    SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
    CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
    INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
    TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
    WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
    PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
    THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
    MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
    AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
    MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
    PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
    PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
    YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
    APPROPRIATE.
  44. LIMITATIONS OF LIABILITY
    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
    LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
    CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
    DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
    OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
    BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
    OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
    OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
    LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1)
    MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $0.00 USD.
    CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
    LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
    OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
    THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
    YOU MAY HAVE ADDITIONAL RIGHTS.
  45. INDEMNIFICATION
    You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
    affiliates, and all of our respective officers, agents, partners, and employees, from
    and against any loss, damage, liability, claim, or demand, including reasonable
    attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
    your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any
    breach of your representations and warranties set forth in these Terms of Use; (5)
    your violation of the rights of a third party, including but not limited to intellectual
    property rights; or (6) any overt harmful act toward any other user of the Site with
    whom you connected via the Site. Notwithstanding the foregoing, we reserve the
    right, at your expense, to assume the exclusive defense and control of any matter for
    which you are required to indemnify us, and you agree to cooperate, at your
    expense, with our defense of such claims. We will use reasonable efforts to notify
    you of any such claim, action, or proceeding which is subject to this indemnification
    upon becoming aware of it.
  46. USER DATA
    We will maintain certain data that you transmit to the Site for the purpose of
    managing the performance of the Site, as well as data relating to your use of the Site.
    Although we perform regular routine backups of data, you are solely responsible for
    all data that you transmit or that relates to any activity you have undertaken using the
    Site. You agree that we shall have no liability to you for any loss or corruption of any
    such data, and you hereby waive any right of action against us arising from any such
    loss or corruption of such data.
  47. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
    AND SIGNATURES
    Visiting the Site, sending us emails, and completing online forms constitute electronic
    communications. You consent to receive electronic communications, and you agree
    that all agreements, notices, disclosures, and other communications we provide to
    you electronically, via email and on the Site, satisfy any legal requirement that such
    communication be in writing. YOU HEREBY AGREE TO THE USE OF
    ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
    AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
    TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
    hereby waive any rights or requirements under any statutes, regulations, rules,
    ordinances, or other laws in any jurisdiction which require an original signature or
    delivery or retention of non-electronic records, or to payments or the granting of
    credits by any means other than electronic means.
  48. CALIFORNIA USERS AND RESIDENTS
    If any complaint with us is not satisfactorily resolved, you can contact the Complaint
    Assistance Unit of the Division of Consumer Services of the California Department of
    Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
    California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
  49. MISCELLANEOUS
    These Terms of Use and any policies or operating rules posted by us on the Site or in
    respect to the Site constitute the entire agreement and understanding between you
    and us. Our failure to exercise or enforce any right or provision of these Terms of Use
    shall not operate as a waiver of such right or provision. These Terms of Use operate
    to the fullest extent permissible by law. We may assign any or all of our rights and
    obligations to others at any time. We shall not be responsible or liable for any loss,
    damage, delay, or failure to act caused by any cause beyond our reasonable control.
    If any provision or part of a provision of these Terms of Use is determined to be
    unlawful, void, or unenforceable, that provision or part of the provision is deemed
    severable from these Terms of Use and does not affect the validity and enforceability
    of any remaining provisions. There is no joint venture, partnership, employment or
    agency relationship created between you and us as a result of these Terms of Use or
    use of the Site. You agree that these Terms of Use will not be construed against us
    by virtue of having drafted them.

  50. have based on the electronic form of these Terms of Use and the lack of signing by
    the parties hereto to execute these Terms of Use.