Terms and Conditions

Last updated on the 01-10-2024

General

This Terms of Service agreement, together with the referenced papers, including our Privacy Policy, establishes a binding agreement (referred to as "Agreement") between Youand us, permitting Your use of this site and the related services provided via this site or application (collectively referred to as the "Services").

IF YOU DISAGREE WITH THIS AGREEMENT, DO NOT USE OUR SERVICES, WHEN YOU START USING OUR SERVICES YOU ARE BOUND BY THIS AGREEMENT REGARDLESS OF WHETHER OR NOT YOU REGISTER FOR THE SERVICE. THE TERMS OF THIS AGREEMENT MAY BE AMENDED BY US AT ANY TIME, EFFECTIVE UPON NOTIFICATION TO YOU, SUCH NOTIFICATION WILL BE CONSIDERED GIVEN UPON OUR UPDATING OF THIS PAGE AND CAN BE IDENTIFIED VIA THE LAST UPDATED DATE ABOVE.

The Parties to this Agreement are Oliverus Inc situated at 500 N Commercial St., Suite 502AV, Manchester, NH 03101, USA (referred to as “"we", "us", or "our"”) and You (referred to as “You” or “Member”). Oliverus Inc is the owner of this website www.toplocalaffairs.com (hereinafter referred to as this “Site”).

NOTICE: THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION AND A WAIVER OF CLASS ACTIONS, AS DESCRIBED IN SECTION 11.

  1. Services

    We provide online entertainment and flirtation services via our Site, allowing You to connect and interact with other profiles, which is a person shown on the Site with a photo, a username and account information (referred to as a “Profile”). This is a discreet and stimulating platform for adults to exchange messages, share images, narratives, and other information with like-minded individuals. The Site is designed to be an enjoyable destination, and it is crucial for both us and You that it maintains a secure and welcoming atmosphere. Therefore, You undertake to use our Site only in a way that aligns with its intended purpose and adheres to this Agreement.

    We are continuously enhancing our offers to our users and may provide supplementary services or modify the scope of our Services at our discretion, with or without prior notice to You; this Agreement shall govern any new or changed Services. We also reserve the right to stop offering the Services.

    The Site expressly forbids the use of its Services to promote or support prostitution or any kind of trafficking of individuals in any manner. Violation of this will result in immediate account termination and notification of the authorities.
  2. Your warranties when You use our Services

    By using and or acquiring our Services and visiting our Site you agree and acknowledge that, you;
    • affirm that: You have attained the age of majority in Your jurisdiction and possess the legal capacity to consent to this Agreement and that You agree and acknowledge all terms in this Agreement and in our Privacy Policy conditions;
    • own (or have authorisation to use) any credit card utilized to acquire our Services and have permitted us (or our designated payment processing agent) to charge the credit card in accordance with the selected membership, which may include automatically repeating payments until terminated;
    • acknowledge the adult nature of the presented images, consent to receive them, and are not offended by their content;
    • are utilizing this Site willingly for personal pleasure and will not pursue commercial gain or acquire money or other advantages from other users or profiles, whether falsely or otherwise.
    • have no felony convictions and are not obligated to register as a sex offender with any governmental authority;
    • use of this Site is neither forbidden nor limited by Your jurisdiction.
    • have adhered to and will persist in adhering to the laws and regulations of the country from where You visit this Site;
    • submitted accurate and true information upon registration, and You will promptly correct any information that subsequently becomes inaccurate, misleading, or false;
    • must not disclose this Site or its contents to a minor or otherwise render them accessible to a minor;
    • assert that You possess the right, power, and ability to agree to this Agreement, and that Your use of our Site will not contravene any laws or regulations of Your place of residence. You bear full responsibility for adhering to all relevant local rules and regulations.
    • further assert that You have not been convicted of, nor are You subject to, any court order pertaining to assault, violence, sexual misconduct, or harassment.
  3. Provisions about our Services

    We would like to highlight certain significant provisions for your consideration:
    • We bear no responsibility for any actions or statements You make on our Site. We check all material prior to its availability on the Site to verify compliance with legal norms and regulations. All material undergoes human inspection prior to its availability on the Site. If You publish anything and we get a complaint, we reserve the right to delete it if we determine it violates any law or contravenes our Terms of Service or our Privacy Policy. For specifics about restrictions on the use of our Service, please refer to section 6.
    • We are not performing background checks, criminal checks, or identity verifications on our users of our Site.
    • We do not engage in conflicts between You and any other user. However, We do intervene when material requires removal. You assume all responsibility and obligation for all of Your material, and if it infringes upon a third party's rights - you remain liable.
    • All paid membership plans (Premium Membership) automatically renew for the duration and price to which the user subscribed to. Premium Membership can be terminated, so prevent the auto-renewal and repeating costs; however, you must do so at least 7 days before the next renewal date to avoid additional charges.
    • The Site provides a communication function enabling users and Premium Members to flirt with Profiles, requiring a certain credit for each message sent. The Site is intended only for communication purposes and is not designed for actual gatherings.

    You comprehend, recognise, and consent that;
    • Profiles on this Site are imaginary and will be linked to our Site hosts ("Hosts"). The Hosts engage with users on the Site to encourage dialogue, and therefore encourage increasing engagement in all Services, including the uploading of new information and/or images to user’ accounts. The Hosts, in conjunction with Customer Care, evaluate user activity and messages to verify adherence to our Terms of Service.
    • the information, text, and images within the Hosts' profiles do not relate to any real person, but are presented only for the aforementioned reasons and for enjoyment. No element of any Host profile is designed to depict or resemble any actual individual, whether alive or deceased. Any resemblance between Hosts user profile descriptions and any individual is entirely coincidental. It is important to remember that a single Host may be linked to several user profiles on our Site.
    • Hosts may periodically communicate with users via automated messages (“Instant Messages”) or emails to promote more engagement with our Site's services and/or to oversee user activities. These messages may be sent to many recipients concurrently or at analogous times. Messages from Hosts shall have the standardized identifier "Host" to inform the user of receipt from one of the Site’ Host. If the user replies to the Host communication via email, the user may receive one or more further personal or standardized answers from the Host.
    • no physical meeting will occur between you and our Hosts, and that the communication exchanged between you and our Hosts serves solely for entertainment purposes, as well as to promote increased participation in our Site's services and/or to oversee user activities. Despite the aforementioned, the user is not assured a reply to any communication sent to a Host (or another user).
    • You are required to periodically review this page and its associated links to acknowledge any modifications we implement, as they are obligatory for you.

    Any user or member who contravenes this Agreement or any account suspected of being a fake account designed for illicit activity will be terminated at our sole discretion.
  4. Access to our Services

    Our platform serves as a gathering space for adults, offering an extensive array of online resources, including diverse communication tools, chat services, matchmaking games, and the ability to explore and filter profiles. Registration and membership on our Site are permitted just for those who are 18 years of age or older, or of the age of majority in their respective country, if that age exceeds 18 years.

    Access to this Site is contingent upon registering as a User.
    • User: Upon registration on our Site, and having a valid username and password for the account, you become a User to our Site. A User can purchase Credit which is needed in order to send messages to the Profiles on our Site.
    • Premium Membership: with a Premium Membership You will in addition to sending messages for Credit also be allowed to access the picture gallery and You can view Profiles that have visited Your own profile. Premium Membership is available on subscription only.
    We retain the authority to provide complimentary membership to any individual of our selection at any moment, for any length of time, while simultaneously charging other members. We retain the authority to terminate the membership at any moment, for any or all of our users.

    Please note that both Users and Premium Members need to purchase Credit to be able to send messages to the Profiles.
  5. Subscription and billing

    When you sign up as a User and a Premium Member You become accountable for all expenses related hereto, including but not limited to exchange rates, transaction fees, interest, and other charges imposed by your credit or debit card issuers and financial institutions.

    The charge for the Premium Membership is stated on the payment page throughout the transaction process. Kindly examine the payment page carefully while processing your payment.

    Be advised that subscribing to the Premium Membership will render you responsible for automatic renewal payments. The minimum duration of your contract will be the first period, which will automatically renew until you terminate your service.

    We retain the authority to modify our subscription package at any time (as outlined in section 6 below), and you will have the option to terminate your membership if you do not agree with the proposed modifications.

    A User Profile Maintenance Fee of up to $39.99 will be imposed on Your User Profile if You remain inactive—defined as not signing in—for 30 days or longer. This fee will recur every 30 days until You sign in to Your User account again, ensuring the preservation of Your details during periods of inactivity. The Maintenance Fee will not apply to Users who have acquired Premium Membership.

    All billing notifications will appear on the you card statement as tlabilling24.com.
    • Premium Membership, automatic renewal

      Our Premium Membership membership is governed by an automatic renewal billing policy.

      Upon the expiration of Your first Premium Membership term, Your Premium Membership will be automatically renewed at the same rate You initially subscribed to, using the same payment method for Your convenience. When you pay by card, we will continue to charge the same card at the expiration of each subscription term. We will debit these recurring payments only at the expiration of Your current payment cycle, and not before. Occasionally, we register our loyal clients in a loyalty program, whereby randomly selected individuals get a lower membership fee for their subsequent payment alone.

      You are required to provide current, comprehensive, and precise information for your billing account. You consent to promptly update all information to maintain your billing account as current, complete, and accurate (including changes in billing address, card number, or expiration date), and You will promptly inform us if Your payment method is canceled (including loss or theft of Your card), or if You become aware of any potential security breach (such as unauthorized disclosure or use of your name or password). If You fail to supply us with any of this information, You will be held accountable for the expenses incurred under Your billing account. Furthermore, You authorize us to acquire updated or replacement expiry dates and card numbers for Your card as supplied by Your card issuer.
    • Price changes

      We retain the right to modify our rates at any time. Any alteration in Your subscription fee will be communicated with a minimum of 30 days' written notice, after which You may choose to discontinue Your Premium Membership if You do not concur with the changes.
    • Refund and billing disputes

      If You dispute any charge on Your account, You agree to contact us to resolve the issue before formally notifying Your bank or card company. Please reach out to us by email or telephone, providing Your rationale for disputing the charge. This will allow us to evaluate Your complaint properly and swiftly, and, if warranted, quickly reimburse Your card with the disputed amount to prevent any further trouble to You. All challenges must be submitted promptly after the occurrence of the contested transaction.

      The Premium Membership should be terminated to prevent any further payments. If you cancel the Premium Membership, you will retain all advantages until the conclusion of the paid Premium Membership period. Following this time, cancellation will result in the loss of access to the Premium Membership and its features.

      Refunds are issued only for unused Credits.

      We do not provide cash refunds; our authorized billing agency processes the requested transaction to You via the payment method used originally.

      To get a refund, You must reach out to our Customer Care department via our support channels: email or telephone. Upon processing a refund, the Site retains the right to include You in the negative databases of our affiliated authorized billing agents and any third-party fraud prevention entities linked to our goods.
  6. Use of our Service
    • Private Profile

      Your Profile is intended just for your personal use. You are prohibited from permitting anyone else to use your Profile or from attempting to access another User's Profile. You are prohibited from assigning or transferring your Profile to any other individual or company.

      You are entirely accountable for Your actions and those of any individual utilizing Your profile, and You accept full liability for (i) the information and content You or anyone using your Profile posts on Your behalf; (ii) the information and content You or anyone using your Profile posts, transmits, publishes, or otherwise disseminates through the Services.
    • Information you provide

      By register as a User on our Site, You warrant that You:
      • will provide the information which is required to complete the registration for our Services; and
      • will ensure all provided information are complete, accurate and up to date and that You promptly will notify and update any information, this to ensure your information in Your account is accurate; and
      • will ensure that all billing information are complete and accurate upon any change (such as change of billing address, credit card number or expiration date); and
      • will use our Services in accordance with all local, state, federal, and international laws, regulations, ordinances, decrees, and customs.
      • are not located in any country or region where accessing or using the Services is illegal or prohibited.
      • by creating a profile, You confirm that You have never had a felony conviction and that You're not required to register as a sex offender with any government agency; and
      • will only post relevant and in compliance with the purpose of our Services information and content. For more details on the restrictions on the type of content that You can post, see section 6c and d below.
      • by creating an account, agree to bear full responsibility for any activities that occur inside it, whether they are initiated by You or someone else.
    • Limitation on how to use our Services

      You acknowledge and agree that You will not, in our sole discretion, publish, upload, transmit, disseminate, or otherwise use the Services for any purpose that is unlawful, hereunder - but not limited to:
      • impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
      • discloses any personal or confidential information of any person or organization without first obtaining their consent or solicits another person's personal information for commercial or unlawful purposes;
      • discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
      • contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
      • promotes racism, bigotry, hatred or physical harm against any group or individual;
      • promotes or enables illegal or unlawful activities;
      • is intended to harass, annoy, threaten or intimidate any other members or other people or organizations;
      • is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18 or under the age of majority in the country which Youreside in if it happens to be greater than 18-years old ) or which may cause annoyance or inconvenience;
      • is in any way related to child pornography, bestiality, rape (or other non-consensual sexual behavior), mutilation of a person or body parts, any act or depiction of parties being harmed or forced (includes but is not limited to rape, drugs and alcohol), any anti or exploitive religious, gender or age specific acts (sexual exploitation);
      • is deliberately misleading or fraudulent;
      • contains others' copyrighted content (such as music, videos, photographs, images etc.) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
      • uses the Services for chain letters, junk mail or spam e-mails;
      • interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
      • contains any material which may infringe or violate any third party's rights;
      • violates any applicable local, state, national or international law;
      • provides material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organization;
      • stalks or otherwise harasses another person, Profile or User;

      Further, You agree that you cannot:
      • upload, post, email, transmit, or otherwise disclose another person’s private information;
      • access data not intended for such user or logging into a server or User account which the user is not authorized to access;
      • attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization;
      • attempt to interfere with Services to any User, Host or network, including, without limitation, via means of submitting a virus to the Services, overloading, flooding, spamming, mail bombing or crashing or otherwise attempting to deny service to the Site or the server of any User;
      • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
      • send unsolicited messages, including promotions and/or advertising of products or services;
      • forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason;
      • use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any User or member without their prior express consent.

      All rights, claims, and causes of action, whether statutory or otherwise, are reserved by us in the event that You breach the provisions of this subsection. This includes the right to pursue statutory fines for each unsolicited communication that You send using the Services.

      In addition, we retain the right, at our discretion, to immediately and without notice delete your User profile and to contact and notify the relevant authorities in Your country if You violate the conditions of this subsection.
  7. Our rights

    • Property rights

      Copyrights, trademarks, and other intellectual property rights, including registered and unregistered trademarks, are either wholly owned by us or used under exclusive license by us across the Services and the content provided as part of the Services. You acknowledge and agree to this.

      Except as specifically stated in this Agreement, You are not given any rights with respect to the Services or the content that is provided as part of the Services.
    • Use of Your content for personal gain

      By posting information or content including but not limited to copyrighted content, name and likeness and photographs to Your User profile pages, You automatically grant, and You represent and warrant that You have the right to grant to us, a non-exclusive, royalty free, worldwide license to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorize sub-licenses of the same.

      You further waive any moral or potential infringements rights You may have in any such information or content. We may assign or sublicense the above license to our affiliates and successors without any further approval by You.

      Full details on how we use Your information is contained within our Privacy Policy.
    • Personal data transfer

      In alignment with our Privacy Policy, to facilitate a seamless transfer of services to another entity within our corporate group or to a third party, in cases of rebranding, merger, acquisition, reorganization, or the sale of any or all assets, Your data may be transferred as it is deemed an asset of ours.

      In such instances, You will be notified of the handling, usage, transfer, and/or processing of Your data through electronic communication or a general announcement on the Site. Unless notified otherwise in such communications, all transferred Services will continue and Your User account and if applicable any automatic renewal billing will persist unchanged until You cancel it on the new website or by contacting the new website operator(s) or owner(s).
    • Law Enforcement Cooperation Clause

      Law Enforcement Cooperation Clause: To keep our users safe and follow the law, we might have to share user data with law enforcement. This clause sets up how we'll work with them while also respecting user privacy. In some situations, like legal processes or government requests, we may need to disclose user data. This could include things like account info and messages. Users are expected to help us in any legal investigation by providing accurate info. By using our platform, you agree that your data might be shared with law enforcement in the situations mentioned here.
    • Anti-slavery statement

      At Oliverus Inc, we prioritize ethical practices. We're fully committed to keeping a safe environment and opposing any form of exploitation, forced labor, or human rights abuses. By agreeing to these terms, you confirm your commitment to avoid activities that support slavery or human trafficking. Oliverus Inc can take appropriate actions, including legal measures and account suspension, against users breaking this commitment.
  8. Third party rights

    When you submit any information/content to our Site, you at the same time certify that you are the sole author and owner of that content, and that our use will not infringe upon the rights of any third party, including privacy, publicity, intellectual property, contract, or any other rights. You also agree to waive any moral rights associated with that content, including the right to be identified as the author. We reserve the right to reveal Your name to any third party asserting that any content made or uploaded by You to our site infringes upon their intellectual property rights, privacy rights, or any other legal statute.
  9. Termination
    • Term

      This Agreement will take effect upon your access to the Site.
    • Termination

      If you wish to change or terminate your User account or Premium Membership You must include your profile information (screen name and email address) in Your email to us in order to confirm that You are the authorized account bearer, to make changes to the account.

      Please be advised that we will implement any notice of intention to cancel upon its receipt.

      To modify or cancel Your account, please contact Customer Care either by phone at (888) 387 2155 or via email at [email protected].
      • User account

        If You no longer wish to retain a User Profile on the Site, You must terminate Your Profile to avoid the User Profile Maintenance Fee, as outlined in section 5.
      • Premium Membership

        The subscription will automatically renew for succeeding periods of the same duration and rate as the first selected term, in accordance with the Automatic Renewal Billing method outlined in this Agreement and accepted upon subscribing.

        If You no longer wish to retain a Premium Membership on the Site, You must terminate your subscription minimum 7 days before the conclusion of the then current billing term, this to prevent being charged for the subsequent subscription period.

        Both You and us can terminate your Profile at any time and for any reason by providing notice to the other party.
      • General

        If your access to any Services is interrupted owing to any suspected or actual infringement of this Agreement, You acknowledge that any amounts paid are non-refundable and all unpaid or pending payments will be immediately due.

        All communications from You addressed to the Site and/or on behalf of www.toplocalaffairs.com concerning matters unrelated to membership, user administration, or technical assistance must, unless otherwise stipulated in this Agreement, be dispatched via registered mail to the company's address

        Oliverus Inc
        500 N Commercial St., Suite 502AV, Manchester, NH 03101,
        USA
  10. Customer complaint policy

    Please reach out to us using the below details if You have any questions regarding this Agreement, the Services, or if You wish to file a complaint:

    Telephone: (888) 387 2155
    Email: [email protected]

    We will ask you for your profile information (screen name and email address) when contacting us, this to confirm that you are the authorized account bearer of the account. Therefore, kindly include you profile information if you reach out via email.

    Users which are residing in California
    If you are not satisfied with the resolution of any complaint you have filed with us, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
  11. Dispute resolution
    • Binding Arbitration

      With the exception of those disputes that are expressly excluded below, a dispute shall be finally and exclusively settled by binding arbitration if the parties to this Agreement are unable to resolve it through informal negotiations. You are aware that if this clause were not present, You might have had the option of filing a lawsuit and having a jury trial.

      The American Arbitration Association's Commercial Arbitration Rules ("AAA") and, where applicable, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA website at www.adr.org, shall govern the commencement and conduct of the arbitration. The AAA Consumer Rules shall govern Your arbitration fees and, when applicable, set a limit on Your portion of the arbitrators' fees. The arbitration might take place in person, online, over the phone, or with the submission of papers. If requested by either Party, the arbitrator need not include a statement of reasons in the written ruling they make. Any award may be contested if the arbitrator doesn't follow the relevant laws, which is required by the arbitration agreement. The arbitration will take place in USA, New Hampshire, unless specified otherwise by the applicable AAA rules or by applicable law. Except as otherwise stated in this agreement, the Parties may bring a lawsuit in court to compel arbitration, stay legal action while arbitration is taking place, or to affirm, modify, vacate, or enter judgment on the arbitrator's award.

      The parties hereby agree to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts, in the event that a dispute proceeds in court rather than through arbitration. The dispute shall be initiated or prosecuted in the state and federal courts located in USA, New Hampshire. These Terms of Service do not apply to the Uniform Computer Information Transaction Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Goods.

      Any dispute involving the Site that is being made by any Party may not, under any circumstances, be brought more than one (1) year after the cause of action first accrued. A court of competent jurisdiction within the courts listed for jurisdiction above will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision.
    • Restrictions

      The Parties accept that any arbitration should be limited to their particular dispute. To the fullest extent permitted by law, there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals, (a) no arbitration shall be joined with any other proceeding, (b) no right or authority for any dispute to be arbitrated on a class-action basis or to use class-action procedures.
    • Exceptions to Arbitration

      The Parties accept and agree that the following Disputes are not subject to the foregoing provisions regarding binding arbitration: (a) any Disputes pertaining to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (b) any Dispute pertaining to, or arising from, any claim for injunctive relief; and (c) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of A court of competent jurisdiction within the courts listed for jurisdiction above will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision.
    • California civil code, section 1542 waiver

      You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: 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. In addition, Youhereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and principles of common law or any other state laws as it pertains to the enforcement of the releases provided in this paragraph.
    • Class action waiver

      IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
  12. Legal disclaimer of warranties

    This section will be enforced to the fullest extent allowed by the relevant legislation.

    We do not provide or grant any warranties, representations, conditions, or terms of any kind, whether express, implied, statutory, or otherwise, with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. We hereby exclude all such warranties.

    We do not guarantee that the Services will be secure, uninterrupted, always available, error-free, or meet Your requirements, or that any defects in the Services will be corrected. We do not provide any warranty, representation, condition, or other term with respect to the connectivity and availability of the Services, and we disclaim liability for them. The Site and our Services are provided on a "as is" and "as available" basis. You are accountable for ensuring that you can access the Site by making all necessary arrangements, including the fees charged by your Internet provider and mobile Internet provider, as well as any other charges associated with it. We will not be held accountable for any diminished functionality that you may experience as a result of or in connection with accessing the Site through mobile services or any similar service that is currently known or developed in the future.

    The entire risk of satisfactory quality, performance, accuracy, and effort is your responsibility. We do not guarantee that the Site or any content will satisfy Your needs or requirements. We expressly disclaim all warranties, whether express, statutory, or implied, including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that Your access to the Site will be uninterrupted, error-free, or that content loss will not occur. These terms do not contain any warranties that extend beyond their face or that result from the course of performance, course of dealing, or usage of trade.

    The Site may contain outmoded information, inaccuracies, omissions, or errors. We cannot and do not guarantee any specific results from the use of the Site or its services. The reliability of any statement or other information displayed or distributed through the Site is not guaranteed by us. We retain the right to rectify any inaccuracies or omissions in any part of the Site.

    Opinions, advice, statements, offers, or other information or content that are made available through the Services but not directly by us are those of their respective authors and should not necessarily be counted on. We do not: (i) guarantee or warrant the accuracy, completeness, or usefulness of any information provided on the Services, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. We shall not be held accountable for any loss or injury that may arise from the reliance of any individual on information or other content that is posted on the Services, provided through the Services, or transmitted to or by any Users, Profiles, or Members.
  13. Limitation of liability

    We will not be held liable for any direct, indirect, or consequential loss or damage that arises from or is related to the use or inability to use the Services, including, but not limited to, loss of income or revenue, loss of corruption of data or programs, loss of goodwill, and loss of anticipated savings, to the fullest extent permitted by law, even if we are aware of or have been advised of the possibility of such loss.

    We will not be held liable for any claims, losses, or damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, that arise from or relate to the conduct of You or any other individual in connection with the use of the Services. This includes, but is not limited to, bodily injury, emotional distress, and/or any other claims, losses, or damages that result from communications facilitated by the Services, to the maximum extent permitted by applicable law.

    The fees that You have paid to us for the use of the Services as a User or Member shall be the maximum extent of our liability to You in connection with this Agreement and or the use of the Services.

    Our liability for: (i) death or personal injury resulting from our proved negligence; or (ii) fraud or fraudulent misrepresentations made by us is not restricted or excluded by these Terms and Conditions.
  14. Indemnification

    You hereby consent to indemnify us, our officers, directors, employees, agents, and third parties for any claims, causes of action, debts, losses, costs, liabilities, and expenses (including reasonable legal fees) that directly or indirectly arise from the following: (i) the use of or inability to use the Services by You or any individual using Your account, (ii) any content or information posted by You or any individual using Your account, (iii) You or any individual using your account to violate this Agreement or the rights of a third party, or (iv) Your or anyone using Your account to violate any applicable laws, rules, or regulations.

    We reserve the right to undertake the exclusive defense and control of any matter that is otherwise subject to indemnification by You, at our own expense. In the event that we elect to exercise this right, You consent to our full cooperation.
  15. Links to third parties

    Our Site contains hyperlinks to third-party websites and resources. These hyperlinks are provided solely for Your convenience. We do not have any control over the contents of those websites or resources and do not assume any responsibility for them or for any loss or damage that may result from Your use of them.
  16. Changes and interruptions

    We reserve the right to alter, modify, or remove the contents of the Site at any time or for any reason, at our sole discretion, without prior notice. Nevertheless, we are not obligated to revise any of the information on our website. We also retain the right to discontinue or modify all or a portion of the Site without prior notice at any time. We shall not be held accountable to You or any third party for any modification, price change, suspension, or discontinuation of the Site.

    We are unable to guarantee that the Site will be accessible at all times. We may encounter hardware, software, or other issues, or we may need to perform maintenance related to the Site, which may result in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise alter the Site at any time or for any reason without prior notice to You. You acknowledge that we are not responsible for any loss, harm, or inconvenience that may result from Your inability to access or use the Site during any downtime or discontinuation of the Site. No provision of this Agreement shall be interpreted as obligating us to provide any corrections, revisions, or releases in connection with the Site or to maintain and support it.
  17. Miscellaneous clause

    • Entire agreement: This Agreement and the pages throughout this Site and Services which is referred to herein constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.
    • Governing law and Jurisdiction: These Terms and Conditions and the documents referred to in them shall be governed and construed in accordance with the law of New Hampshire. Any disputes relating to these Terms and Conditions, the documents referred to in them or the Site or the Services will be subject to the exclusive jurisdiction of the New Hampshire courts.

      This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the laws New Hampshire. Each Party irrevocably agrees that the courts of New Hampshire shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
    • Amendments: We reserve the right to amend this Agreement by publishing changes to the Site. Unless otherwise specified by us, all modifications will take effect immediately upon publication. You are therefore encouraged to review the terms of this Agreement on a regular basis. The latest updated date of this Agreement is indicated at the top of this document. By continuing to use the Platform after the amendments come into effect, you agree to be bound by the amended terms. If you do not agree with the modifications, you must terminate your account.
    • Headings: The headings of the paragraphs in this Agreement are merely for convenience and will not be considered in its interpretation.
    • Severability: If a court of competent jurisdiction determines that any provision of this Agreement is unlawful, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
    • Survival: To avoid any ambiguity, all provisions pertaining to arbitration, liability limitations, and indemnification shall survive the termination or expiration of this Agreement.
  18. Contact us

    If you have any concerns regarding this Agreement or any issues with the Site, and questions or concerns; please do not hesitate to contact our Customer Care at [email protected] or by calling us at (888) 387 2155.