Terms of Service
Effective July 29, 2014
. About Us:
Welcome to www.PsoriasisSingles.com (our “Website”). TriRa Network LLC d/b/a Psoriasis Singles (“TriRa”,
“us”, “we”, or “our”) is the owner and operator of the Website. We offer a venue via a Membership (defined below) for people with and without psoriasis to
connect with others as well as other related services offered by us (together with our Website, our “Services”). By accessing or using our Services,
including viewing or using any feature available through our Website, you the end user of the Website and/or Services (“Member(s)”, “you”, or “your”),
(collectively, “Policies”), which creates legal and enforceable agreements whether or not you register for and/or create a Member profile (a “Profile”)
with us or transmit, post, send, receive, link, email, submit or otherwise communicate (collectively, “Transmit”): private messages between Members,
comments, statuses, text, notifications, data, descriptions, links, software, music, sound, photographs, images, video, messages, graphics, information, or
any other material or input (“Content”) in connection with our Services. If you do not agree to be bound to or to abide by these Terms of Service and our
other Policies, do not browse or use our Website or Services.
BY ACCESSING THE SERVICES YOU ARE ACCEPTING THESE TERMS AND ACKNOWLEDGING THAT YOU HAVE READ
, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS, AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.
. Our Terms of Service:
(a) Service Conditions. You may use our Services only if you are 18 years of age or older and you are not currently in an exclusive relationship. By
accessing our Website and/or using our Services, you represent and warrant to us that: you are 18 years of age or older and are not in an exclusive
relationship; you are not currently restricted from using our Services; and you are not otherwise prohibited from having a Profile. By
using the Services, you understand and agree that we may rely on the above service conditions representations and warranties as true. You further
understand and agree that we may revise the service conditions from time to time. In addition, you understand and agree that you must immediately
discontinue use of the Services if at any time you no longer meet the service conditions. You understand and agree that: (i) we do not routinely verify
that any or all of the service conditions are met by any other Members; (ii) we are not responsible for assuring that the service conditions are met by any
users; and (iii) we are not responsible for any failure to suspend, terminate or prevent the use of the Services by Members who do not meet the service
(b) License Grant. We grant you a personal, non-transferable, non-assignable, revocable, limited and temporary license to use and access to the Services
and the Content hereon subject to these Terms (your “License”). This license is ongoing and continues until your license or ability to use the Services is
terminated or restricted by us or you.
. Profile and Membership.
(a) To use certain aspects of the Services, you must create a Profile. To access additional functions of the Services you must purchase a subscription to
our Services (a “Membership”). You are able to select a Membership package for your Profile which is one of the following durations (i) 90-day or (ii)
180-day. We will charge you a fee equal to the amount displayed on our Website or otherwise communicated to you at the time you purchase a Membership and
other applicable fees in connection with our Services (“Fee(s)”). We reserve the right, at any time, to modify Fees and billing methods.
(b) If you purchase a Membership, we will automatically renew your Membership at the duration which was selected by you in exchange for the then-current
Fee using the credit card or other payment information on file with us. Each renewal payment will take place on or about your Membership expiration date.
If the renewal of your Membership fails for any reason, we will terminate your Membership and contact you regarding renewal. Except as otherwise required
by applicable law, you agree that we will not provide you with any notices prior to each renewal payment. For instructions regarding canceling your
Membership or Profile, see Section 7 below.
(c) In connection with your Profile information, you agree to provide true, accurate, current and complete information about yourself as prompted by our
registration form, and to maintain and promptly update the information you provide to us in order to keep your Profile true, accurate, current and
complete. It is your obligation to maintain and control passwords to your Profile. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES
AND/OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any
unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your
local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your
. In exchange for the Services, you agree to pay us the applicable Fees displayed on our Website, assessments, and other costs as
determined by us according to these Terms. You authorize us to charge your chosen payment method (credit card, debit card, et cetera) in connection
therewith. We will store your credit card information, including the card number, its expiration date, security code data and other data from time to time.
you also agree that we may charge you for all Fees and other expenses incurred concerning a Membership and other Services as displayed on our Website or
otherwise communicated to you, as set forth in these Terms. In connection with any Fees paid by you, you agree: (i) to only provide valid and current
payment information; (ii) that we may use the tools, software or services of our payment processors to process transactions on our behalf; and (iii) that
you agree to promptly pay all amounts due upon demand. We are not responsible or liable for any activities or conduct of our payment processor, and you
agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of our payment processor. All Fees shall be paid
in U.S. Dollars.
You understand and agree that we do not offer refunds of any Fees paid to us for any reason, even if you cancel your Membership before the end of the
applicable duration. However, we reserve the right to provide a Member with a refund or credit of all or a partition of any Fee paid to us, as determined
by us in our sole and absolute discretion.
. Content on Our Services.
(a) By Us. All Content on our Services, or obtained from a Linked Site (defined below) are provided to you “AS IS”. We are happy that you
use the Services. However, we expressly disclaim all liability related to the accuracy or reliability of any opinion, advice, or Content on the Services or
reliance on any of the aforementioned. The Content published through the Services may include inaccuracies or typographical errors. We do not warrant or
represent that the content available through the Services is complete or up-to-date.
(b) Linked Sites. Our Services may link to other sites by allowing you to leave our Services to access third-party material or by bringing third-party
material into our Services via “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the
Content on a Linked Site. The fact that we have provided a link to a site is not necessarily an endorsement or affiliation with respect to such Linked
Site, its owners, or its providers.
(c) Transmitted by You. You are solely responsible for and retain all rights in the Content that you Transmit on, by, or through our
Services or otherwise communicate to us or other Members. However, you also agree that by Transmitting Content to us or by way of using our Services, you
automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, paid-up license to use, copy, and distribute such Content in any way and
to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content. You
further agree that we have the right to promote any Content through Social Media Pages, as determined by us in our sole discretion.
(d) Transmitted by Members or Others. We do not endorse and are not responsible for (i) the Content provided by other Members, (ii) the
accuracy or reliability of any opinion, advice, statement, or Content made through our Services, (iii) any Content provided on Linked Sites, or (iv) the
capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on our Services, and
you expressly assume those risks when using our Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any
Content, items, other information, or services obtained through our Services or a Linked Site. It is your responsibility to evaluate the accuracy,
completeness, or usefulness of any opinion, advice, or other Content available through our Services.
(e) Intellectual Property
(i) Trademarks. PSORIASISSINGLES, PSORIASISSINGLES.COM, and TriRa LLC and all other graphics, logos, page headers, button icons, scripts, service names and
other Content that we use, manage or control are trademarks, registered trademarks or trade dress of ours or one or more of our affiliates in the United
States or other countries or both. No one may use these trademarks or trade dress in connection with any product or service that is not our product or
service without our express written permission. All other trademarks that appear on our Website are the property of their respective owners, who may or may
not be affiliated with, connected to or sponsored by us or any of our affiliates.
(ii) Copyright. Other than Content Transmitted by you and under license to us under Section 5(c), we claim a copyright, and all copyright protection
afforded, under international, United States and the State of Maryland laws to all text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, software (ours or our software suppliers), and all other Content on our Services. The compilation of all Content on our
Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international,
United States and the laws of the State of Maryland to all material described in the trademarks section above. Your access to all information and Content
located on our Services is strictly permitted through the License a License granted to you under these Terms. Except for the License granted in these
Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue
to be the exclusive property of ours and other third parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing,
displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through our Services without our prior written
permission, or in the case of third party materials, without first receiving permission from the owner of that Content. You may not alter or remove any
trademark, copyright or other notice from copies of the Content.
(iii) Infringement Claims. We respect the intellectual property rights of others. If you believe that the Content and/or the materials on the Services
violate the Digital Millennium Copyright Act of 1998 (the “DMCA”) or are infringing upon another’s copyright, trademark or other intellectual property, you
may send a written notice to our DMCA agent (“Designated Agent”) at email@example.com containing the following information: (A) an electronic
or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you
claim has been infringed; (C) a description of where the material that you claim is infringing is located or made available through the Services; (D) your
address, telephone number, and email address; (E) a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law; (F) 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. If you believe that your material has been removed or disabled by
mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information within 5 business days
from your receipt of the notice of infringement: (W) a physical or electronic signature of the owner or authorized user of material; (X)identification of
the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to
it was disabled; (Y) a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material; and (Z) your name, address, telephone number, and a statement that you consent to the jurisdiction of the
Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial
district in which the service provider may be found, and that you will accept service of process from the Complainant or an agent of such person. UNDER
U.S. FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
. Member Interaction.
(a) OUR SERVICES ONLY CREATE A VENUE TO CONNECT MEMBERS SEEKING WHO ARE SEEKING INTERACTION WITH OTHER MEMBERS. WITH THAT IN MIND, YOU UNDERSTAND AND AGREE
THAT WE: (i) do not have control over the acts or omissions of any other Member in any way using or having used the Services, on or off our Website; (ii)
are not responsible for any Member’s actions in connection with any relationship they establish with another Member, on or off the Website (iii) make no
representations or warranties about interactions or dealings with other Members; (iv) we are under no obligation to become involved in disputes between
Members, or between Members and any third party. In the event of any dispute, you agree we may provide a Member’s contact information to the parties
involved so that they can attempt to resolve their dispute.
(b) We do not screen Members or conduct any kind of identity or criminal records checks. As such, Members should exercise caution and perform their own
screening before connecting with a Member through the Services or meeting a Member off of the Website. You understand that you are solely responsible for
asking questions and agree to make your own investigations, evaluations, decisions and assessments about whether to: communicate with other Members, meet
up with other Members, or otherwise interact with other Members.
(c) Although we have no obligation to verify any information provided by a Member or to conduct any background checks of any sort, we reserve the right to
do so in our sole discretion, and you hereby authorize us to verify the accuracy of any information you provide, which verification may include, without
limitation, conducting criminal records checks, sex offender registry checks, records checks, identification verifications, credit checks and/or using
available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You agree that we may take such action
as we deem appropriate in our sole discretion.
. Termination, Restriction and Suspension.
(a) Termination By You. You may cancel your Membership or Profile at any time for any reason or no reason by notifying us in writing (email to
firstname.lastname@example.org is acceptable). Upon cancelation of your Membership and/or your Profile, access to certain features of the Services may be
restricted. Termination of your Profile and/or Membership will be effective within a commercially reasonable time after we receive notification of your
desire to cancel.
(b) By us. We retain the right to terminate, restrict, or suspend your Membership, Profile, and/or License at any time in our absolute and sole discretion,
without prior notice, for any reason or no reason, including but not limited to for your breach or violation of these Terms or our Polices.
(c) After Termination. Upon termination of your Membership, Profile, and/or License for any reason, you agree that we may take any
measures we deem necessary to prevent you from accessing our Services, including by blocking your IP address. You agree that after termination of your
by us, but we may elect to do so in our sole discretion.
. Use Restrictions. The Services may be used for lawful purposes only. You may not use or plan, encourage, or help others to use the
Services in any manner prohibited by these Terms or by applicable law. In using the Services, you agree at all times that you shall not: (a) infringe on
the copyrights or other intellectual property rights of Members or third parties (b) copy, distribute, or modify any part of the Services without our prior
written authorization; (c) Transmit inappropriate, inaccurate, false, or misleading Content to the Services; (d) transmit any Content which contains
software viruses, or other harmful computer code, files or programs; (e) Transmit Content that falsely states, impersonates or otherwise misrepresents your
identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your
affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Members; (h) manipulate or
exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to the Services, including but not limited to by:
attempting to probe, scan or test the vulnerability of the Services, attempting to breach security or authentication measures without proper authorization,
or attempting to interfere with the Services or a Member, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable
or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce
limitations on use of the Services; (k) collect Content, personally identifying information, and/or other information from the Services, or otherwise
access the Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, or by ‘sniffing’ or
‘crawling’ the Services, without our prior written approval which we may withhold in our discretion, (l) use any communications systems provided by the
Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (m) remove,
alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices contained in or displayed on the
Services; (n) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to payment information that you provide to
us; (o) ‘frame’ or ‘mirror’ any part of the Website without our prior consent; (p) use the personal identifying information of any Member in connection
with illegal or deceptive activity (q) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or
inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.
9. Disclaimer of Warranties.
THIS WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, COURSE OF PERFORMANCE, SECURITY, AND ACCURACY WITH RESPECT TO THE WEBSITE
AND/OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, MATERIALS, OR OTHER CONTENT ON THIS WEBSITE OR AVAILABLE THROUGH THE SERVICES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
10. Release and Waiver of Claims.
To the maximum extent permitted by applicable law, MemberS hereby release and waive all claims, actions, demands, suits, or proceedings (“Claims”) against
US and our officers, employees, independent contractors, representatives, ADVERTISERS, LICENSOR’S, LICENSEE’S, SUCCESSORS, ASSIGNS, and agents
(COLLECTIVELY, “AFFILIATES”), including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and
attorneys’ fees) of every kind and nature arising from or in any way related to: (I) THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PECUNIARY OR OTHER
HARM, PERSONAL INJURY OR OTHER PHYSICAL OR EMOTIONAL HARM OR DEATH RELATED TO OR RESULTING FROM ANY INTERACTION BETWEEN MEMBERS OR BETWEEN A MEMBER AND A
THIRD PARTY RELATING TO USE OF THE SERVICES, (Ii) any inaccuracy, untimeliness or incompleteness of a MEMBER’S representations OR WARRANTIES; and/or (III)
any inaccuracy, untimeliness, or incompleteness of ANY AND ALL information and/OR CONTENT obtained or accessed by or through the Services. FURTHER, if
applicable, you waive your rights under California Civil Code Section 1542, which states, “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.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed
to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which
you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
imitation of Liability
(a) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, INCLUDING BUT NOT LIMITED TO ANY PHYSICAL OR EMOTIONAL HARM OR
DEATH RELATED TO OR RESULTING FROM ANY INTERACTION BETWEEN MEMBERS OR BETWEEN A MEMBER AND A THIRD PARTY RELATING TO USE OF THE SERVICES, OR ANY
INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR
ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal
injury) exceed the lesser of (i) one hundred twenty-five dollars ($125) or (ii) the Fees paid by you to us in connection with the Services out of which the
Claims arose. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
(b) IN ADDITION TO SECTION 11(A) ABOVE, 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, AND/OR CONSEQUENTIAL, 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 ANYONE’S
RELIANCE ON INFORMATION OR OTHER CONTENT TRANSMITTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER MEMBERS OF OUR
SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE PROFILES UNDER FALSE PRETENSES
OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
12. Dispute Resolution.
(a) In the event that any dispute arises with respect to our Services, Terms, or any of our Policies, upon our election in our sole discretion, such
dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Howard County, Maryland, and at
our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a
dispute arising with respect to our Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall
nevertheless be litigated in the State courts located in Howard County, Maryland or in the U.S. District Court for the District of Maryland, as the case
may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation
arises out of, under, or relating to these Terms or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and
consent to be bound to personal jurisdiction of and venue selection in the state courts located in Howard County, Maryland or in the U.S. District Court
for the District of Maryland as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION
THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND
MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
. Assumption of Risk. Members assume all risk when using our Services, including but not limited to all of the risks
associated with any online or offline interactions with Members or third parties related to the Services. You agree to take all necessary precautions.
. Indemnification. You agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all
Claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and
reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Services; any infringement
of a third party’s rights, including but not limited to intellectual property rights such as copyrights; a breach of representation or warranty; Content
Transmitted by you; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any
defamatory, offensive, fraudulent, or illegal use of our Services by you; any accidental or improper disclosure of Personal Data (as defined in our Privacy
Policy); and any violation by you of these Terms or any of our other Policies..
. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 19, 20,
and 23 of these Terms, as well as provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your
License, or your access to the Services shall survive any such termination.
. Notification and Communication By Us. You agree we may provide notifications to you via email, written or hard copy
notice, or through conspicuous Transmitting of such notice on the Website. You may opt out of certain means of notification or to receive certain
notifications. We utilize email as a vital and primary communication channel with Members. Members hereby acknowledge and grant us the permission to
communicate with Members via email or other method we may determine for any reason we determine to be relevant. We will use best efforts to honor a
Member’s request to opt out of marketing messages, but under no circumstances will we be liability for sending any communications to Members.
. Severability. The representations and warranties and/or covenants set forth herein are each to be construed as a separate agreement,
independent of any other provisions of these Terms. Further, the invalidity or unenforceability of any provision, word, phrase, clause, sentence, paragraph
or section of these Terms shall in no way affect the validity or enforceability of any other provision, word, phrase, clause, sentence, paragraph or
section of these Terms, and any such invalid or unenforceable provision that is overbroad shall be deemed narrowed to the broadest term permitted by
applicable law and shall be enforced as narrowed. If one or more of the provisions in these Terms deemed invalid or unenforceable, then the remaining
provisions will continue in full force and effect. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such
right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.
. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, constitute the entire
understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at
any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Website. You agree that your use of
the Services after such notification will constitute acceptance by you of such changes to the Terms.
20. Governing Law; English Language.
You agree that: (i) the Services shall be deemed solely based in Maryland (where we have our headquarters); and (ii) the Services shall be deemed passive
which does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Maryland. These Terms shall be governed
by the laws of the State of Maryland, without respect to its conflict of laws principles. In the event of a conflict between these Terms and a foreign
language version of the Terms, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will
be communicated in English.
. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Service. We merely
provide a platform to allow Members to interact with other Members. Those who access or use the Services do so at their own volition and are entirely
responsible for compliance with applicable law.
22. Export Compliance.
You agree to comply with all laws, restrictions and regulations relating to the export of Services and Content. For purposes of the U.S. Export
Administration Act (“Export Laws”), you state you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation
the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially
Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such Services and
23. Cooperation with Authorities and Police Enforcement.
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged
illegal activity regarding the use of the Services when requested.
. Feedback. Please send your comments, concerns, or questions to: email@example.com. While we encourage you to provide
feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.