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Terms of Use

Updated as of August 3, 2017

These terms and conditions of use (“Terms of Use”) constitute an agreement among you ("you", "your", "User") and us. We own and operate the website located at www.justdate.com (the "Site") and provide the services offered by the Site (the “Service”). Please read these Terms of Use carefully to be sure that you understand them. By viewing, accessing, using or browsing the Site, or by registering with or creating a profile on the Site, or otherwise becoming a member of the Site (“Member”), you agree to these Terms of Use (and all documents or provisions incorporated herein by reference) as a binding legal agreement between you and us, without limitation or qualification. If you do object to, do not accept, or do not agree to be bound by all of the terms contained (or incorporated by reference) herein do not use the Site or the Service or become a Member thereof.

1. Access

We grant you permission to access and use, register with, and/or create a profile or become a Member of the Site in accordance with these Terms of Use. No other use is permitted. Access to the Site is permitted within our sole discretion, and we reserve the right, at our sole discretion, to withdraw or amend the Site with or without notice. Any rights not expressly granted herein are reserved. You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and that they comply with them.

2. Information

As a user or Member of the Site, we may process certain information about you (including phone numbers, addresses, credit card or other payment information, and/or e-mail addresses) or pass it along to others in accordance with our Privacy Policy, which is incorporated by reference into these Terms of Use. By using the Site, you consent to such processing and you warrant that all data and information that you submit upon registration or creation of a Member profile or that is otherwise provided by you is correct, accurate, and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false.

Additionally, you acknowledge that although we strive to maintain the necessary safeguards to your personal data, we cannot ensure the security or privacy of information you provide through the internet and your online messages and postings, and you release us from any and all liability in connection with the unauthorized use of such information by other parties. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

3. Eligibility

The Site and Service are intended for the personal use of individual Members only and may not be used in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by us; or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Organizations, companies, and/or businesses may not become Members and should not use the Site or Service for any purpose.

By using the Site or the Service or becoming a Member thereof, you represent and warrant that (a) you are an individual eighteen years of age (18) or over, (b) you have not been convicted of a sexual offense and do not currently have any criminal charges pending against you with respect to a sexual offense, (c) you are not required to register as a sex offender with any government entity, (d) you are single or separated from your spouse, and (d) you have the right, authority, and capacity to enter into and to abide by these Terms of Use.

Use of the Site or Service may be prohibited or restricted in certain countries. If you use the Site or Service from outside of the United States, you are additionally responsible for complying with the laws and regulations of the country or territory from which you access or use the Site or Service.

Any use of the Site or Service is void where prohibited.

4. Membership and Cancellation

You may currently register as a Member of the Site and use our Service at no cost. However, we may require you to become a paid subscriber of the Service in order to access or use some or all of the features of the Site or Service in the future (“Paid Subscription”). The subscription policies that are disclosed to you when you create a profile on the Site and become a Member of the Service (whether paid or unpaid), if any, are a part of these Terms of Use and are explicitly incorporated herein by reference.

Those members with a Paid Subscription, if any, will have the pricing and billing terms clearly disclosed to them on the Site. Additionally, we use a number of billing partners to handle the collection of subscription costs – each of which has a unique procedure in place for cancelling the Paid Subscription, including:

  • The Apple AppStore / iTunes: A Paid Subscription entered into through the Apple AppStore or iTunes can be cancelled by following the instructions found here.
  • GooglePlay: A Paid Subscription entered into through GooglePlay can be cancelled by following the instructions found here.
  • All other Paid Subscriptions entered into directly from the Site can be cancelled by going to justdate.com/cancel and following the instructions or by contacting us at the address provided below at the end of these Terms of Use.

If you cancel your subscription using our Site, we require a reasonable amount of time to process the request. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment. If you paid for your subscription using a multi-payment option, you must make all payments even if you cancel your subscription prior to the end of your then existing subscription commitment period.

Cancelling a subscription pursuant to the above methods does not automatically cancel your membership. Indeed, a Member profile may remain posted on the Site even if that Member is not actively using the Service or has cancelled their Paid Subscription. You acknowledge that although a Member’s profile may be viewed, you may not be able to use the Service to communicate with that Member if he or she is not then actively using the Service or he or she does not have a Paid Subscription.

5. Subscriptions; Charges on Your Billing Account.

If you enter into a Paid Subscription, we will bill you through an online account (your "Billing Account") for use of the Service. You agree to pay us all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 5 includes any agreements you made with us on the Site when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our sole discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

Your Paid Subscription, if any, will continue indefinitely until cancelled by you in one of the manners set forth herein. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, you must follow the instructions set-forth above in section 4.

If you cancel your Paid Membership, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize us to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize us to charge you for any sales or similar taxes that may be imposed on your subscription payments.

Upon the renewal of your Paid Subscription, if we do not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that we may either terminate or suspend your Membership and/or Paid Subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify us if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password).

If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Site or Service when automatically renewing your Paid Subscription.

6. Conduct

You agree not to use the Site or Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Site and/or Service or damages our property. You agree that your use of the Site and the Service is subject to all applicable local, state, national and international laws and regulations.

You also agree:

  • to comply with US law and local laws or rules regarding online conduct and acceptable content, and regarding the transmission of technical data exported through the Site from the US or the country in which you reside;
  • not to host, submit content to, or use the Site or the Service if you are under the age of 18;
  • not to commit any acts of infringement on the Site or with respect to content on the Site;
  • not to use the Site or Service to engage in commercial activities;
  • not to interfere with another person's use and enjoyment of the Site or Service;
  • not to impersonate any person or entity;
  • not to solicit money from any Members;
  • not to post any Content that is prohibited by Section 8;
  • not to "stalk" or otherwise harass any person, user, or Member;
  • not to express or imply that any statements you make are endorsed by us without our specific prior written consent;
  • not to ask or use Members to conceal the identity, source, or destination of any illegally gained money or products;
  • not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site, Service or their respective contents;
  • not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Site or Service (either directly or indirectly through use of third party software);
  • not to use meta tags or code or other devices containing any reference to us, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other website for any purpose;
  • not to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
  • not to post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with these Terms of Use;
  • not to collect usernames, phone numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site;
  • not to attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • not to interfere with or damage the Site or the Service through, including without limitation, the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, distributed denial-of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site; and
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site.

In the event of such a breach of the Terms of Use, your right to use the Site and the Service will cease immediately and you will no longer be allowed to continue as a Member despite whether or not you have a Paid Subscription. Additionally, you will not be entitled to any refund of unused subscription fees, if applicable, if we determine to suspend or terminate your Membership or Paid Subscription for breach of the Terms of Use.

After your Membership or Paid Subscription is terminated for any reason, all terms of this Terms of Use survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

7. Safety

The Site is, first and foremost, an entertainment service. Your use of the Site and Service is entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people that are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.

WE DO NOT PERFORM BACKGROUND OR SECURITY CHECKS ON SITE USERS OR OUR MEMBERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF OUR SITE USERS/MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR SITE USERS OR MEMBERS. ALL SITE USERS AND MEMBERS ARE RESPONSIBLE FOR THEIR OWN ACTIONS WITH RESPECT TO THE SITE OR SERVICE.

By using the Site or Service you accept that any individual profiles, messages, and communications between you and other Site users or Members may not be genuine and you agree to take reasonable precautions in all interactions with other Members or users of the Site or Service, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other Members or users of the Site or the Service. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other Members or users of the Site or Service.

Our Service may give users the opportunity to explore their fantasies and to interact with other Members or individuals using the Site. However, there is no guarantee you will find a date or partner on our Site or using our Service. You also understand and agree that there are Members on the Site and/or the third party sites that use the site(s) purely for entertainment purposes. Those users and subscribers are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement. You acknowledge and agree that any profiles of users and Members, as well as communications from such persons, may not be true, accurate or authentic and may be exaggerated or fantasy.

You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications. We do not guarantee that all user profiles are created by real people with the intention to meet or chat on our service. Some Member profiles may be fictitious or created for purposes beyond our control or otherwise qualify as “Staff Profiles”

  • Staff Profiles are profiles on the Site which are created, maintained and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to (a) ensure our Services are operating properly by testing the Services, features and functionalities, (b) to research our products and Services, (c) to provide entertainment to our users by engaging in flirtatious activity for fun and amusement, and (d) to enhance the Services by encouraging introductions and interactions among members. Despite flirtatious messages you may receive, our employees do not date users of our site and photos on Staff Profiles are not photos of our employees and are merely used as anonymous models. All Staff profiles will be identifiable as such and, in the event that you opt to communicate or interact with a Staff Profile, you will be made aware of the nature of this Staff Profile.
  • Once again, we do not and cannot review all profiles, public postings, messages or other materials posted or sent by users or Members of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of these Terms of Use or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Site or Service. In an effort to protect users from receiving deceptive links and content through messages sent from individuals our systems have flagged as scammers, we may censor any flagged messages and replace the content of these messages with more appropriate content at our sole discretion.

    Any user or Member that violates our Terms of Use or we believe was created fictitiously to participate in prohibited activities may, at our sole discretion, be deleted.

    8. Site Content

    In utilizing the Site and/or the Service, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, "Post"), including, but not limited to, emails, videos (including streaming videos), photographs, voice notes, recordings or profile text (collectively, "Content").

    You are solely responsible for the Content you Post or transmit to other Members and you agree not to Post or transmit any Content that:

    • contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, obscenity, discrimination or hate;
    • contains sexually explicit language, pictures or other materials (except to the extent that such Content is expressly permitted on the Site);
    • is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
    • advertises, promotes or offers to trade any goods or services or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    • is intended primarily to promote a cause or movement, whether political, religious or other;
    • contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
    • constitutes, promotes or encourages illegal acts (including without limitation prostitution or solicitation), the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;
    • reveals the identity or any personal details of any person other than yourself including, without limitation, any other user of the Site or Service without that person's permission;
    • contains any identifiable personal contact information (other than required for use of the Site or Service)
    • expresses or implies that any statements you make are made or endorsed by us;
    • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits or provides personal information from anyone under 18;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
    • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
    • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
    • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary, and/or confidential information);
    • disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; or
    • is not otherwise in compliance with these Terms of Use.

    The foregoing is a partial list of the kind of Content that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action – in our sole discretion – against anyone who violates this section or any other provision of these Terms of Use, including without limitation removing the offending Content from the Site, terminating the violator's access to the Site and/or Service, deleting the profile of the violating Member, and contacting and disclosing information to the relevant authorities.

    We reserve the right (but disclaim any duty, obligation, or responsibility) to monitor, review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Content that we believe, in our absolute and sole discretion, may violate these Terms of Use or harm our reputation or the reputation of the Site or Service.

    We will not be responsible or liable to any third-party for the content, accuracy or legality of any Content posted on the Site. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site constitutes a violation of their Intellectual Property Rights, their right to privacy, or any other rights.

    By Posting any Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us (and our affiliates, licensees, and successors) an irrevocable, perpetual, non-exclusive, fully paid, 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 for all purposes connected to operating and promoting the Site and the Service, and our affiliated sites. 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.

    You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the Site to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.

    You should also be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. 2256 (2)(A)(i)-(v) and 18 U.S.C. 2257A (“Section 2257”), require that you maintain the records required by 18 U.S.C. 2257 and must contain an "18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement." Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.

    9. Your Interactions with Other Members.

    YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. AS STATED ABOVE, YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON, OR IN ANY WAY SCREEN, OUR USERS AND/OR MEMBERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

    We are not responsible for the conduct of any Member. As noted in and without limiting Sections 12 (disclaimers) and 13 (limits of liability) below, in no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Site or Service. 

    10. Links; Advertisers

    The Site may include links to other web sites or services solely as a convenience to users and Members. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through the linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

    Parties other than us may provide services or sell products via the Service. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, and content of such advertisers or linked websites. You should carefully review their privacy statements and other terms and conditions of use.

    The websites linked to/from the Site are not necessarily under the control of us and we are not responsible for the content of any linked site or any link contained in a non-affiliated link. If you decide to access any of the third-party sites linked to/from the Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and we shall not be responsible for notification of any change in name or location of any information on the Site.

    Your correspondence or business dealings with, or participation in promotions of advertisers or businesses found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or business. YOU AGREE THAT IN NO EVENT SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY DEALINGS WITH SUCH ADVERTISERS OR BUSINESSES FOUND ON WEBSITES LINKED TO/FROM THE SITE.

    11. Our Responsibilities

    We will operate the Site with the reasonable skill and care of an online service provider. We will use commercially reasonable efforts to maintain the operation of the Site, however, we may need to temporarily suspend operation of the Site or the Service from time to time for operational reasons. We shall use commercially reasonable efforts to restore the operation of the Site and the Service as soon as reasonably possible after any such temporary suspension. We also reserve the right to make changes to the Site and/or the Service from time to time as determined in our sole discretion.

    12. Disclaimers of Warranties

    We do not make any representation, warranty or guarantee regarding the accuracy, completeness, or usefulness of any content appearing on or transmitted via the Site, any website linked to/from the Site, the Service, or the products and services listed by others on or through the Site and/or the Service. We advise you to verify all such information and offerings independently. We make no representation or warranty as to the quality, reliability or authenticity of any service provider or any third-party appearing on or through the Site, websites linked to/from the Site, or Service, and are not responsible or liable for any acts or omissions committed by such third-parties.

    Although each member must agree to these Terms of Use, we cannot guarantee that each member has complied with such Terms of Use and will not be responsible or held accountable for any such Member violation. Also, it may be possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS OF THE SITE (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SITE OR SERVICE OR OTHERWISE.

    THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY US AND OTHERS INCLUDED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE, ITS CONTENT, OR THE SERVICE, AND THE PRODUCTS AND SERVICES OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE SITE IS UP-TO-DATE, ACCURATE, RELIABLE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME THE ACCURACY OR AUTHENTICITY OF ANY SUCH CONTENT. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE.

    13. Limitations of Liability

    We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.

    NEITHER US NOR ANY AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPRESENTATIVES OR ASSOCIATES OF US SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY, INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR EMOTIONAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, THE CONDUCT OF ANY SITE USER OR MEMBER OR ANY INTERACTIONS BETWEEN MEMBERS (WHETHER OFFLINE OR ONLINE), OR WITH ANY DELAY OR INABILITY TO USE THE SITE OR SERVICE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT, HAVE BEEN ADVISED, OR HAVE NOTIFIED US OF THE POSSIBILITY OF ANY SUCH DAMAGES.

    WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.

    TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AGENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR OTHER REPRESENTATIVES BE LIABLE FOR: (A) ANY LOSSES OR DAMAGES IN EXCESS OF THE GREATER OF THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.

    IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." IF YOU ARE A RESIDENT OF A STATE WITH A SIMILAR STATUTE, YOU WAIVE SUCH SIMILAR STATUTE AS WELL.

    YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION, "LIMITATIONS OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT OR SERVICE TO YOU. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

    THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

    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 AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, IF ANY. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR (OR LESS IF AN APPLICABLE STATUTE OF LIMITATIONS IS SHORTER THAN ONE YEAR) AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

    14. Modifications and Amendments

    We may modify or discontinue (temporarily or permanently) the Site or the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service. To protect the integrity of the Site or Service, we reserve the right, at any time and in our sole discretion, to block users from certain IP addresses from accessing the Site or Service.

    Additionally, we may amend these Terms of Use at any time with or without prior notice. Such alterations or amendments shall be effective upon posting of the modified or amended Terms of Use on the Site. You hereby acknowledge and agree that each visit you make to the Site shall be subject to the then-current Terms of Use, and continued use of the Site or Service following any modification or amendment of the Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications or amendments.

    If you have a Paid Subscription at the time of any change to these Terms of Use, the then-existing version of the Terms of Use will continue to govern your Membership until such time as you renew your Paid Subscription. Should you continue your Paid Subscription after the implementation of the modified Terms of Use, your renewal will constitute acceptance by you of the revised Terms of Use.

    15. Alerts

    We may send you notifications and/or marketing messages as a result of your using the Site or Service. You may opt-in and/or opt-out of such alerts, notifications, or marketing messages at your discretion. These alerts, notifications, and/or marketing messages could be sent via e-mail, text (SMS or MMS), and/or browser push notifications. The method for unsubscribing or opting-out of such alerts will be contained within the alert itself but generally (i) browser push notifications can be unsubscribed from by toggling your browser settings; (ii) email notifications can be unsubscribed from by the “unsubscribe” link in all such e-mails; and (iii) SMS notifications can be unsubscribed from at any time by replying “STOP” to such text message.

    16. Proprietary Rights.

    We own and retain all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains our copyrighted material, trademarks, and other proprietary information. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining our prior written consent or, if we do not own such property, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

    17. Indemnification

    HARMLESS US AND ANY OF OUR PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, OTHER REPRESENTATIVES AND CUSTOMERS (COLLECTIVELY, "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, KNOWN AND UNKNOWN, INCLUDING ATTORNEY'S FEES AND COSTS (COLLECTIVELY, "LOSSES") INCURRED BY ANY OF THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM: (A) ANY BREACH OR ALLEGED BREACH BY YOU OF YOUR REPRESENTATIONS OR WARRANTIES OR THESE TERMS OF USE; (B) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION BY YOU OF ANY PROPRIETARY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER RIGHTS OF ANY PARTY; (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE, REGULATION OR ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION OR FRAUD ENGAGED IN BY YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR CONDUCT OR USE OF THE SITE OR THE SERVICE; (F) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE SITE OR SERVICE; (G) ANY ACT OR OMISSION BY YOU WITH REGARD TO ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO THE ACTUAL OR ALLEGED COMMISSION OF ANY CRIMINAL ACTIONS OR TORTS. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT WE, THE INDEMNIFIED PARTIES, OR ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING MAY ASSERT OR BE ENTITLED TO ASSERT.

    You also agree to cooperate as fully as reasonably required in the defense of any claim under this section and allow us to assume the exclusive defense and control of such matter at our discretion.

    18. Jurisdiction, Applicable Law, and Limitations

    These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law applicable to conflicts of law. We make no claims or assurances that the Site is appropriate or may be downloaded, accessed, or otherwise used outside of the United States. You agree that any suit, action or proceeding arising out of or relating to these Terms of Use shall be instituted only in a California state or federal court sitting in the County of Orange, State of California, United States of America within one year (or less if an applicable statute of limitations is shorter than one year) of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding. All parties to any such suit, action or proceeding must be individually named.

    There shall be no right or authority for any dispute to be litigated on a class action or consolidated basis or on bases involving disputes brought in a purported representative capacity on behalf of the general public (such as a private attorney general) or other similarly situated persons unless the statute under which you are suing provides otherwise. All parties waive any claim to indirect, consequential, punitive, exemplary or multiplied damages arising out of any dispute with us unless the statute under which they are suing provides otherwise.

    19. Copyright Complaints

    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any content or other material hosted by the Site infringes your copyright, you (or your agent) may send us a notice requesting that such content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the content or other material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site should be sent to us at the address below.

    Please note that you may be liable for damages (including attorney's fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third-party for publication and annotation. DMCA Copyright notices should be sent to the contact information below.

    20. User Disputes

    In the event that you have any legal claim or action against any other User or Member of the Site or Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from any and all claims, liability and damages, arising from or in any way connected to the claim or action.

    If we do not enforce any provision of these Terms of Use (as is our right and within our sole discretion), such non-enforcement will not be considered a waiver of any provision or right against you or any User or Member of the Site or Service.

    In the event that any part of these Terms of Use is held to be invalid or unenforceable, at our option such part will be construed as far as possible to reflect the parties' intentions and the remainder of the provisions will remain in full force and effect.

    These Terms of Use and all documents or information expressly incorporated herein by reference constitute the entire agreement between you and us with respect to your use of the Site and/or the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect thereto.

    It is hereby asserted that the Site and the Service are intended for and directed at the United States and no representation or warranty is made as to whether the Site or the Service complies with the regulatory regime and local laws of any other countries.

    We may assign all or part of our rights or duties under these Terms of Use in connection with a sale of all or substantially all our assets (including the Site and/or operations) to a third-party without notice to you; provided any such third-party shall be obliged to honor the terms of such Terms of Use. You may not assign these Terms of Use without prior written consent.

    21. Special State Terms

    The following provisions are added to these Terms of Use for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

    You, the buyer, may cancel your Paid Subscription, without penalty or obligation, at any time prior to midnight of the third business day following the original date of entering into the Paid Subscription, excluding Sundays and holidays. To cancel your Paid Subscription, email a signed and dated notice which states that you, the buyer, are canceling the Paid Subscription, or words of similar effect. This notice shall be sent to us using the contact information identified below in section 22. Please include your Site username and email address in any correspondence or your refund may be delayed. If you cancel, we will return, within a reasonable amount of time from the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your Paid Subscription within such three day period, we will refund the full amount of your Paid Subscription.

    22. Contact Information

    The Site and the Service are operated by a corporation organized under the laws of the State of Delaware, whose contact email address is info@justdate.com.