Information That We Collect.
We may also monitor and collect information about your activities in connection with the Services. If you choose to send us personal correspondence such as emails or letters or when third parties send us correspondence, which may include their comments about you, we may store, analyze and compile that information. All of this information will be stored such that it may be accessed only by our authorized personnel and our agents.
You may choose to use our referral service to tell a friend or friends about the Services. If you choose to do so, we will ask you for your friend’s name and email address, and will email an invitation to use the Services to your friend.
Providing your Personal Information to us is voluntary. However, if you do not provide your Personal Information to us, you will not be able to use some or all of the Services.
Our Use of Your Information.
If you have provided us with Personal Information, we may use it to contact you regarding the Services or to tailor the Services to you. As some specific examples of this, we may use your Personal Information to email you with news and updates about the Services, to analyze usage of the Services, or to provide you with information (e.g., advertisements) that is targeted to your interests.
If you have provided us with Personal Information, we may also use it to facilitate your communication with other Members, for example, by sending a friend recommendation or a friend request to another Member.
If you use our referral services, we will use your friend’s name and email address only to send an invitation to that friend and to track the status of the referral. Your friend may use the unsubscribe function in the email or Contact Us to request that we remove their email address from our records.
Disclosure of Your Information.
Due to the nature of the Services, some of your Personal Information may be disclosed to other Users. For example, after you register a Member Account, certain Personal Information that is automatically made part of your Member Account “Bio,” such as your name, your city of residence, and your personal interests will be available to other Members who use the Services. By providing this type of Personal Information to us, you have consented to our use and disclosure of your Personal Information in this manner. After you register a Member Account, certain Sensitive Personal Information that is selectively made part of your Member Account Bio as specified by you, such as your relationship status, your religion views, or your political views, may also be made available to other Members who use the Services. By providing this type of Sensitive Personal Information to us and specifying that it be made part of your Member Account Bio, you have consented to our use and disclosure of your Personal Information in this manner.
We do not sell or rent any of your Personal Information to third parties for marketing purposes without your express permission or consent. We may, however, disclose to third-party advertisers certain aggregated or hashed information in a manner that no longer reflects or references you an individually identifiable user, for marketing and promotional purposes.
Cookies, Pixel Tags, Do-Not Track Mode.
In connection with the Services, we may use “cookies” to store and track information to make your use of the Services easier and more personalized. Cookies are small pieces of data that are stored by a User’s web browser on the User’s storage drive. Cookies may record information that is accessed by a User on a webpage in order to simplify subsequent interactions with that webpage by the same User, or to streamline the User’s transactions on related webpages. Most major web browsers are configured to accept cookies by default, but you may modify your browser’s preferences to issue you an alert when a cookie is downloaded, or to disable the ability of third parties to download a cookie. If you choose to reject all cookies, you may be unable to use some or all of the Services. You may obtain further information about cookies at: http://www.en.wikipedia.org/wiki/HTTP_cookie.
We, or a data provider or advertiser that we have engaged, may also place or recognize a cookie on your browser to enable you to receive customized ads or content. These cookies contain no Personal Information, but may reflect de-identified demographic or other data that is linked to data that you have voluntarily submitted to us and that we may share with the data provider or advertiser solely in an aggregated or hashed format. You may obtain further information about these cookies or opt-out of them at http://www.aboutads.info/choices.
We may also use standard Internet technology, such as web beacons or 1x1 "gifs" and other similar technologies (collectively “Pixel Tags”). We may use Pixel Tags to track your use of the Services, for advertising, marketing, or promotional purposes, and to determine whether you opened an email message from us. This information also enables us to tailor the Services to you.
Other parties may collect Personal Information about your online activities over time and across different websites when you use the Services. We honor web browser “do not track” signals that provide you with the ability to exercise choice regarding the collection of Personal Information about your online activities over time and across third-party websites or online services, when the web browser’s http header includes the field “dnt:1.”. We do not currently honor any other types of “Do Not Track” requests.
Collection, Use, and Disclosure of Personal Information by Third Parties.
Your Use of Members’ Information.
Do Not Disclose Your Personal Information or Password.
You should not post or otherwise share any Personal Information that you do not wish other Users to know. We encourage you to ask questions before you disclose your Personal Information to others. Similarly, you should never disclose or share your password with anyone else. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately change your password and/or Contact Us.
How We Protect Your Information.
We use reasonable security measures to help protect and prevent the loss, misuse, and alteration of the information under our control in connection with the Services. We use industry standard efforts, such as firewalls, to safeguard your Personal Information. While “perfect security” does not exist on the Internet, or elsewhere, we work hard to help ensure your secure use of the Services.
We are located in the U.S. However, whether you are using the Services from the U.S. or outside the U.S., note that your Personal Information may be transferred to, stored, and processed in the U.S. or other countries in which our service providers are located. The data protection and other laws of the U.S. and these other countries might not be as comprehensive as those in your country, and your Personal Information may be accessible to law enforcement authorities in the U.S. or of other countries.
Reviewing, Updating, Accessing or Removing Your Personal Information and Registering Privacy-Related Complaints.
Once you have a Member Account, you will be able to review and update much of your Personal Information. You have the right to ask in writing whether we hold any Personal Information about you, and to see that information as well as how we collect, use or disclose your Personal Information. In some cases, we may not be able to provide you with all of the information you request, (e.g., if it contains the Personal Information of other Users). Also, there may be a charge for any copy of Personal Information requested.
Also, despite our best efforts to delete information from our databases upon your request, the information may exist in backup copies or in other users’ caches. As an example, an information exchange with another Member may remain in that Member’s e-mail boxes, or computer caches. Whether your exchanged information is kept by another Member is beyond our control.
You will be able to update, modify and delete some of your Personal Information by logging in with your password and modifying or deleting your Member Account profile. For all other requests to access, modify, or delete your Personal Information, please Contact Us.
You are entitled to Contact Us to register a privacy-related complaint. We will explain our complaint procedure to you and investigate all complaints. If a complaint is justified, we will take all appropriate steps to resolve the situation. We will also let you know what other complaint procedures may be available to you.
IMPORTANT LEGAL NOTICE
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY, AND HAVE THE CAPACITY TO GIVE LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE AND/OR RESIDE TO ACCEPT AND AGREE TO BE BOUND TO THESE TERMS. IN SOME LIMITED CIRCUMSTANCES, AS SET FORTH IN SECTION 3 BELOW, YOU MAY USE THESE SERVICES IF YOU ARE BETWEEN 13 AND 18 YEARS OLD. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY LEAVE THIS WEBSITE AND YOU SHOULD NOT USE THE SERVICES.
Acceptance of These Terms.
Term and Termination.
These Terms will become effective upon your acceptance of the Terms by using the Services, and will remain in effect in perpetuity unless otherwise indicated herein.
To use the Services, you must be at least 13 years old. If you are between 13 and 18 years old, you may use the Services only in connection with a Member Account (as defined below) established by your parent or guardian, with such parent or guardian's approval. If you permit your child or legal ward ("Child") to use the Services in connection with your Member Account, you (i) agree to these Terms on behalf of both you and your Child, (ii) agree to monitor your Child's use of the Services to ensure that your Child complies with these Terms, and (iii) agree that you are solely responsible for any and all use of the Services by your Child regardless of whether such use was authorized by you.
To use the Services, you must have never been convicted of a felony, and you must not be required to register as a sex offender with any government entity. Your use of the Services may be prohibited or restricted in certain countries. If you use the Services from outside the U.S., you are responsible for complying with the laws and regulations of the territory from which you use the Services. Any use of the Services is void where prohibited.
Use of Services.
The Services are for individual and personal use only. You may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any person or entity to buy or sell any products or services not offered by us, or (ii) soliciting any person to attend a social gathering or networking event, for commercial purposes. Businesses and organizations may not use the Services for any purpose. We may investigate and take any available legal action in response to illegal or unauthorized uses of the Services.
We provide the Services to various users (“Users”). You will not provide inaccurate, misleading, or false information to us or to another User. If information provided to us or another User subsequently becomes inaccurate, misleading, or false, you will promptly notify us or the User, as the case may be, of such change.
Registration and Use of Your Member Account.
We provide at least some of the Services exclusively to Members. A “Member” is a User who has requested and been granted registration of a member account (“Member Account”) in connection with the Services. A User ceases to be a Member upon the User’s Member Account being terminated.
You are limited to using a single Member Account in connection with the Services. If we suspend or terminate your Member Account, you will not create another one without our permission. You may not authorize others to use your Member Account, and you may not assign or otherwise transfer your Member Account to any other person or entity. You will not use a Member Account of any other Member.
You will not intentionally select a username and/or URL for your Member Account that infringes the intellectual property of another person or entity. We reserve the right to remove or reclaim your username and/or URL if we believe it is appropriate to do so (such as when an owner of a trademark complains about a username creating a likelihood of confusion with the trademark).
You are responsible for maintaining the confidentiality of the username and password for your member Account, and for logging out from your Member Account at the end of each online session. You are solely responsible for all activities that occur under your username and password, and you acknowledge that we are not responsible for third-party access to your Member Account that results from theft or misappropriation of your username and password. We strongly urge you to change your password periodically to help reduce the risk of unauthorized access to your Member Account. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security. You will also keep your contact and other information associated with your Member Account accurate and up-to-date.
Hibernating and Deleting Your Member Account.
Subject to Section 10 of these Terms, you may hibernate or delete your Member Account at any time. If you choose to hibernate your Member Account, we will hide your Member Account profile from other Users of the Services, and we will archive all of the information, setting, Content, and other data (collectively, “Member Account Data”) associated with your Member Account. Subject to Section 10 of these Terms, you can then unhibernate and reactive your Member Account at a later time as desired. If you choose to delete your Member Account, we will permanently terminate your Member Account and will delete all of your member Account Data. After you delete your Member Account, you will need to request and be granted registration of your new Member Account to use any of the Services that are provided exclusively to Members. After you delete your member Account, you will no longer have access to your Member Account Data. Note however that the process of deleting Member Account Data may not happen instantaneously. Also, despite our best efforts to delete data from our databases, the data may exist in backup copies or in other users’ caches.
Risk Assumption and Safety.
YOU ASSUME ALL RISK WHEN USING THE SERVICES (INCLUDING WHEN MEETING USERS OFFLINE). YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND MEETINGS WITH OTHER USERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OF OUR USERS, NOR DO WE ATTEMPT TO VERIFY THE ACCURACY OF THE STATEMENTS OF OUR USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF OUR USERS OR THEIR COMPATIBILITY WITH OTHER USERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS OF USERS AT ANY TIME BASED ON AVAILABLE PUBLIC RECORDS.
These Terms incorporate by reference our Safety Tips, which are accessible via the Website. You agree to review and follow our Safety Tips.
Proprietary Rights and Intellectual Property.
The content provided through the Services, including but not limited to, text, data, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, software, and other materials (collectively, “Content”) and the trademarks, service marks, brands, and logos included therein (“Marks”) are owned by or licensed to us, subject to copyright and other intellectual property rights under U.S. and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download, print, or otherwise obtain a copy of any Content for personal use, you must retain all copyright and other proprietary notices included therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services. We or our licensors retain all proprietary and intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
You are solely responsible for the Content that you post, publish, display, upload, link to, transmit, or otherwise make accessible in connection with the Services (collectively, “post”).
You will not use the Services to post content that:
- promotes commercial activities;
- promotes racism, sexism, bigotry, bullying, hatred or physical harm of any kind against any person or group;
- is intended to or tends to harass, annoy, threaten or intimidate any person;
- provides material that exploits any person in a sexual, violent or, illegal manner;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- promotes information that is false or misleading;
- impersonates, or otherwise misrepresents an association or affiliation with any person or entity;
- solicits personal information from any person under the age of 13;
- solicits passwords or personal information from any person for commercial purposes;
- solicits money from, or is intended to defraud, or mislead any person;
- includes Content owned by any other person or entity without that person or entity’s permission (or in the case of a minor, the minor’s legal guardian);
- provides information that you do not have a right to make available under law, or under a contractual or fiduciary relationship (e.g., confidential information);
- infringes the trademark, service mark, copyright, or other intellectual property right of any person or entity, or otherwise violates the law;
- promotes an illegal or unauthorized copy of any person’s copyrighted work;
- includes or facilitates the use of viruses, time bombs, trojans, worms, or other harmful, or disruptive code, malware, or component thereof;
- facilitates the transmission of junk, spam, or other unsolicited mail;
- facilitates phishing, trolling, or similar activities;
- includes or facilitates the use of scripts, bots, or other similar automated technology;
- disrupts any person from using the Services;
- solicits gambling or engages in any gambling or similar activity;
- promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; or
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, or violating someone’s privacy.
You understand and agree that we may, but are not obligated to, monitor or review any Content posted in connection with the Services. We reserve the right, in our sole discretion, to investigate and take appropriate action against anyone who violates these posting restrictions, including removing the offending posted Content, terminating or suspending the Member Account of the violator, or taking appropriate legal action against the violator, including reporting such activity to appropriate authorities in our sole discretion.
By using the Services to post Content, you automatically grant to us, our licensees, successors, assigns, affiliates, and agents, an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by us will not infringe or violate the rights of any third party.
We reserve the right, in our sole discretion, to suspend or terminate your Member Account, or taking appropriate legal action if you have misused the Services or behaved in a way that we regard as inappropriate or unlawful, including actions or communications the occur off the Website, but involve Users or other people you meet through the Services (e.g., via an event organized using the Services). The following is a partial list of the types of actions that you will not engage in with respect to the Services. You will not:
- post any Content that is prohibited as described in Section 9 of these Terms;
- promote information that is false or misleading;
- impersonate, or otherwise misrepresent an association or affiliation with any person or entity;
- solicit personal information from any person under the age of 13;
- solicit passwords or personal information from any person for illegal purposes;
- provide information that you do not have a right to make available under law, or under a contractual or fiduciary relationship (e.g., confidential information);
- facilitate the use of viruses, time bombs, trojans, worms, or other harmful, or disruptive code or components;
- facilitate the transmission of junk, spam, or other unsolicited mail;
- facilitate phishing, trolling, or similar activities;
- facilitate the use of scripts, bots, or other similar automated technology;
- disrupt any person from using the Services;
- promote illegal activities or conduct;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted in connection with the Services;
- “frame” or “mirror” any part of the Website without our prior written authorization;
- use meta tags or code or other devices containing any reference to us or the Services;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or any software used in connection with the Services; or
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any Content or information obtained by using the Services other than solely in connection with your use of the Services in accordance with these Terms.
You understand and agree that we may access, preserve, and disclose your Member Account Data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) enforce these Terms; (ii) comply with legal process; (iii) respond to claims that any Content violates the rights of any third party; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us or any person or entity.
Please Contact us to report any violations of this Section by other Users.
Procedure for Claims of Copyright Infringement.
We strive to comply with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. In your notice, you must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA:
- an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site);
- identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
- a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- 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.
Please be aware that the above information in your notice may be forwarded to the person who provided the allegedly infringing material. The above information must be submitted to our DMCA Copyright Agent as follows:
Attn: Copyright Agent
1500 East College Drive
Marshall, MN 56258
If you believe that your material has been mistakenly disabled or removed pursuant to this Section, you may submit a counter notice by notifying our DMCA Copyright Agent using the contact information provided above.
Communication and Privacy.
As a Member (or a User who requests a Member Account), you agree and consent to receive email messages from us. These emails may be transactional communications relating to the Services, such as administrative notices and service announcements or changes, or emails containing commercial offers from us or third-party partners. These emails may also be Member-to-Member communication emails.
We provide assistance and guidance through our customer care representatives. When communicating with our customer care representatives (e.g., via telephone, email, online “chat” session, or letter), you agree not be abusive, obscene, profane, offensive, sexist, threatening, or otherwise behave inappropriately. Telephone calls and online “chat” sessions between you and our customer care representatives may be recorded for quality assurance purposes.
Test Member Accounts.
From time to time, our employees, agents, or affiliated companies may create test Member Accounts for the purpose of testing the functionality of the Services.
Modifications to Services.
We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. You understand and agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Also, in order to protect the integrity of the Services, we reserve the right, in our sole discretion, to block Users from certain IP addresses from using the Services.
When using the Services from a mobile device, please note that your carrier’s data rates and fees may apply.
Advertisements and Links.
In connection with the Services, we may provide links to websites of third parties, including without limitation, advertisers, which are not under our control. We are not responsible for the content of any linked website or any link contained in a linked website, or for any changes or updates to such websites. We provide these links to you only as a convenience, and the inclusion of any link does not imply that we endorse or accept any responsibility for the content on such websites.
Third-Party Software and Services.
Disclaimer of Warranty.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
ANY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAINED BY USING THE SERVICES 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 COMPUTER SYSTEM, INTERNET ACCESS, DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM OBTAINING SUCH CONTENT.
Any advice that may be posted in connection with the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided in connection with the Services. If you have specific concerns or a situation arises in which you require professional, financial, medical, legal, or other advice, you should consult with an appropriately trained and qualified specialist.
Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, EXCEED THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY 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, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
If anyone brings a claim against us that relates to or arises out of your conduct or your use of the Services, you agree to indemnify and hold us, our subsidiary and parent companies, affiliates, and agents, and each of our officers, directors, employees, and related third parties harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide these Terms to govern the conduct of our Users, we do not control or direct our Users’ actions in connection with the Services, and are not responsible for such actions. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter in connection with the Services, and we are not responsible for the conduct, whether online or offline, or any User.
Arbitration and Governing Law.
You and we understand and agree that any dispute arising out of or related to the Services or these Terms (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this Section, and will be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to these terms to arbitrate Disputes are claims of infringement or misappropriation of our copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property, which we may elect to have resolved by means other than arbitration. Notwithstanding the above, we are always interested in resolving any Dispute by amicable and informal means, and we encourage you to Contact us before resorting to arbitration. YOU AND WE UNDERSTAND AND AGREE THAT YOU AND WE ARE BOTH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute in connection with the Services or these Terms except as provided above, and that both of our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
YOU AND WE UNDERSTAND AND AGREE THAT NEITHER YOU NOR US WILL BRING NOR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, you and we understand and agree that neither you nor us will bring nor participate in any class arbitration or any arbitration where a person brings a Dispute as a representative of other person.
You and we agree that any Dispute will be filed in Chicago, Illinois, U.S., and will be administered by the American Arbitration Association (AAA), a non-profit organization that is not affiliated with either you or us. Further details about this organization and the arbitration process are provided at https://www.adr.org/aaa.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within 1 year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
Any claim to enforce these terms to arbitrate Disputes will be brought in the U.S. District Court for the Northern District of Illinois or a state court located in Cook County, Illinois, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Illinois will govern these Terms, as well as any claim that may arise between you and us, without regard to conflict of law provisions.
In connection with the Services, we may, but are not obligated to, provide you with notices, including those regarding revisions to these Terms, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate these Terms by using the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered to you or that would have been accessible by you had you used the Services in an authorized manner.
If any provision of these Terms is held invalid, the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that your Member Account is non-transferable and that all of your rights associated with your Member Account terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of these Terms and you may not make any representations for us or bind us in any manner.
We reserve the right, in our sole discretion, to revise, amend, modify, or revoke these Terms at any time, and in any manner to the fullest extent permitted by law. Changes to these Terms will be effective upon being posted on the Website.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
We reserve all rights not expressly granted to you. These Terms do not confer any third party beneficiary rights.
Nothing in these Terms shall prevent us from complying with the law.
Please Contact us with any questions regarding these Terms.