Terms & Conditions of Service
Effective on May 28, 2018
THIS AGREEMENT CONTAINS LIMITATION OF LIABILITY (SECTION 23), DISCLAIMERS OF WARRANTIES (SECTION 22) AND AS WELL AS PROVISIONS THAT WAIVE YOUR RIGHT TO A JURY TRIAL, RIGHT TO A COURT HEARING AND RIGHT TO PARTICIPATE IN A CLASS ACTION (ARBITRATION AND CLASS ACTION WAIVER). UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 26, ARBITRATION IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES AND IS MANDATORY EXCEPT AS SPECIFIED BELOW IN SECTION 26.
This Agreement may be changed by posting changes to the Service or by giving you notice. If after the effective date of any changes you use the Service that will constitute your acceptance of changes.
- 1. Agreement Acceptance. Changes. Notices
- 2. Eligibility for the Service
- 3. Accounts; Pricing; Virtual Currency
- 4. Terms; Termination
- 5. Non-Commercial Use
- 6. Security of Account
- 7. Interactions with Other Users
- 8. Website Content
- 9. User Content Posted on the Website
- 10. Prohibition of Certain Activities
- 11. Customer Support
- 12. Validated Members and Suppliers
- 13. Meetings in Person
- 14. Third-Party Websites and Links
- 15. Service Modifications
- 16. IP Addresses Blocking
- 17. Copyright Policy
- 18. Disputes Between Members
- 19. Privacy
- 20. Refunds
- 21. Provisions Applicable in Certain States
- 22. Disclaimers of Warranties
- 23. Limitation of Liability
- 24. Indemnification by You
- 25. No Third Party Beneficiaries
- 26. Class Action Waiver and Dispute Resolution by Mandatory Binding Arbitration
- 27. Governing Law
- 28. Entire Agreement
- 29. Electronic Signature
- 30. No Waiver
- 31. Force Majeure
1. AGREEMENT ACCEPTANCE. CHANGES. NOTICES
a. Agreement. The Agreement constitutes a binding agreement between BravoDate and you. Your use of the Website or the Service constitutes your acceptance of the Agreement and of all of the terms, conditions and notices contained or referenced in the Agreement. Please do not use or access the Service if you do not accept and do not wish to be bound by this Agreement. The Agreement is applicable to all persons who use the Service, including, inter alia, those who contribute content, browse website or are customers ("Users").
b. Amendments and changes. BravoDate reserves the right, at its sole discretion, to amend or change the Agreement at any time and without prior notice to you by (i) placing the changed Agreement (or its parts) on the Website; or (ii) otherwise notifying you about the changes. The changes will take effect upon such placing on the Website or upon the abovementioned notice, whichever is earlier (unless expressly indicated otherwise).
You are responsible for checking our Website and your email from time to time for changes to the Agreement or its parts.You can find the current T&C at https://BravoDate.com/terms-of-use.
If you continue your use of or access to our Service after the effective date of the changes to this Agreement that will constitute your acceptance of those changes. You may not change the Agreement, unless any changes you proposed are expressly accepted in writing by BravoDate.
This T&C shall also govern any new features added to the Service.
Any and all amendments, revisions and modifications, including addition or removal of any portions of the Agreement shall constitute “changes” for the purposes of this clause.
c. Assignment. The Company may transfer or assign any and all of its rights and obligations under this Agreement to any other person, by any way, including by novation, and by accepting this Agreement you give the Company consent to any such assignment and transfer. You confirm that placing on the Service of a version of the Agreement indicating another person as a party to the Agreement shall constitute valid notice to you of the transfer of Company’s rights and obligations under the Agreement (unless otherwise is expressly indicated).
d. Notices. Without affecting provisions of the previous clause, the Company may elect to give you notification of changes to the Agreement by placing a notice on the Website, by sending you a message via email, or by other means.
to the Company may notify you about changes to the Agreement or about other important matters via email, each such notice shall be deemed effective and received by you immediately after it is sent to the email address you have provided to the Company, even if you do not in fact read it for any reason, such as if our email message is filtered as a spam, junk, or otherwise undesirable or low-priority message and is not displayed in your email inbox.
You may reduce the possibility that it is so filtered bywhitelisting [email protected] as a "safe" or "approved" sender in your email account. You may also create a custom filter marking emails from this address as important emails.
You shall notify us immediately about any changes in your contact information, including your email address. That may be done by contacting [email protected] or by updating your profile information on the Service (if applicable).
By using our Service, you give us your consent to receiving electronic communications initiated from us with regard to your account, security, privacy, and administrative issues. We may also attempt to notify you electronically sending an email message to you or by posting a notice on the Website in case if we discover a security system’s breach. If you have a legal right to receive this notice in writing please write to us at [email protected] to receive a free written notice of a security breach (or to withdraw your consent from receiving a notice in electronic form).
e. You agree that some Users of BravoDate may also be part of an online community of other websites owned by us or our affiliates ("Affiliate Websites"). With your consent, the Company may use your profile on the Website to populate registration and provide profile information on the Affiliate Websites.
2. ELIGIBILITY FOR THE SERVICE
a. Restricted Age. Nor this Service, nor any of its parts, is directed to those under the age of 18 or the age of majority in their state or jurisdiction, whichever is higher. PERSONS UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR STATE OR JURISDICTION, MUST NOT AT ANY TIME OR IN ANY MANNER USE OR ACCESS THE SERVICE. Your use of the Service constitutes your representation and warranty that you are at least 18 years old or the age of majority in your state or jurisdiction, whichever is higher. You are not allowed to use the Service if you are under 18 years old or the age of majority in your state or jurisdiction.
b. Your membership in the Service shall be void if prohibited by law. Your use of the Service constitutes your representation and warranty that you have the capacity and right to enter into and to abide by all of the terms and conditions of the Agreement. You represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. If any such representation or warrantie are found out to be false or in any way misleading, your membership in the Service will be immediately terminated (without prejudice to any other provisions of this Agreement), and BravoDate will have the right to take any legal action to enforce rights it may have against you and to refuse to issue any refund of any used or unused funds in your account.
3. ACCOUNTS; PRICING; VIRTUAL CURRENCY
a. Account. Upon your registration (which is at no cost) with the Service you become a "Member."
b. In order to create an account and to become a Member you shall provide a valid email address, username, password and other information as required by the registration form or as by applicable law. Certain Members who are referred to us by local service providers and whose registration information is provided to us by the local service providers on such Members’ behalf (see Section 12 ("Suppliers and Validated Members") for more details) may be registered with the Service by such local service providers. You may be allowed to register by using your social network information. For the purposes of your registration you shall not use as your username: (i) a name of another person for purpose of impersonating that person; (ii) a indication that is subject to any rights of a person other than you without appropriate authorization of such person; or (iii) a name that is offensive, vulgar, or obscene in any way. You represent and warrant that the any and all information you provide to the Company at any time, including upon registration, will be and will be kept true, current, and complete. The Company reserves the right to reject any username or to terminate any username and give such username to another User of the Service in Company’s sole discretion, and without any liability to you.
c. Credits and Premium Features. Some features of the Service (hereinafter the "Premium Features") are only available to paying Members. In certain cases, the Company may offer Premium Features for a fee payable depending on the amount of time a certain Premium Feature is used by you or each time you use a Premium Feature . In such cases, you agree to pay the fee stated on the Service. The Company may or may not provide for the option to subscribe for regular access to certain Service features. The Company may ask you to pay for Premium Features using our virtual currency - the "Credits." In order to obtain a license to use Credits you may be required to pay a fee using real currency. Regardless of the name used to refer to them, Credits are not a real currency, they do not have monetary value, and never may be redeemed for real currency, or other items of monetary value from outside of the Service without Company’s written permission. While terms "buy", "purchase," or "sell" and the like may be used in reference to Credits, the Company does so only for convenience and in no way for indication that Credits have monetary value or are real currency. You confirm your acknowledgement that Credits are not real currency and may not be redeemed for any sum of money from the Company at any time. The Company makes no guarantee as to the nature, quality, or value of the Premium Features of the Service or any third-party goods or services that may be accessible through the use of Credits, or the supply or availability of Credits.
i. License to use Credits. When obtaining Credits via the Service you will be granted a limited, non-exclusive, personal, non-transferable, non-sublicenseable and revocable, license to use the Credits in the Service. You may not transfer or resell Credits in any manner, including, inter alia, via any direct sale or auction service. You do not have any property interest, right, or title to or in any Credits appearing in or originating from the Service, or any other attributes of use of the Service.
ii. Inactivity of Account and its Termination. If your account has been inactive or you have not otherwise accessed the Service for three (3) consecutive months, we may terminate your account at our sole discretion and in such case all Credits may be forfeited. In addition, if your access to the Service or account is terminated due to reasons other than inactivity (e.g., a breach of this Agreement), or if availability of the Service or its parts is discontinued, then all of your credits may be forfeited, if otherwise is not expressly stated in our Refund Policy.
iii. Liability Limitation with Respect to Credits. The Company has no liability for loss or hacking of your Credits or any goods or services obtained using Credits. The Company will not, and has no obligation to, reimburse you for any Credits or any goods or services obtained with Credits lost due to any your breach of this Agreement. The Company reserves the right to limit the number of Credits and/or to decline to provide you with Credits, without prior notification. The Company in its sole discretion determines price, exchangeability, and availability of Credits and may change them without notice. Subject to applicable law, you acknowledge and agree that the Company has the absolute and exclusive right to distribute, manage, control, regulate, restrict, modify, cancel and/or terminate Credits in its sole discretion, and that the Company shall have no liability towards you for exercising such right. You consent that under no circumstances the Company may be liable to you for any claims or damages that may arise from any use or loss of your Credits under any circumstances. You recognize that the Company does not have any responsibility to update or maintain your account balance. Nevertheless, if technical or operational problems with the Service cause a loss of Credits in your account, the Company will replenish the lost Credits after verification of the loss. Without limiting the foregoing, the Company’s maximum liability to you is to replenish the lost Credits (i.e., the Company will not provide you with any real currency).
iv. Redeeming Credits. Credits may be redeemed as set forth on the Service. The Company will, in its sole discretion, determine and communicate the availability and exchange rate for Credits, which shall be subject to modification at any time. Any acquisition or redemption of Credits is final and shall be subject to this Agreement as well as any limitation or requirement posted on the Service. Credits will be subtracted from your account once they have been spent. Please also see Section 20 (Refunds) of this T&C.
v. Automatic Top-Up On Low Account Balance for Continuous service. The Company may offer you a plan or arrangement in which a subscription or purchasing agreement continues until it is canceled by you. For instance, the Service may provide you an opportunity to authorize BravoDate to charge your payment method (e.g. credit card) for a set number of Credits every time the balance of Credits in your account falls below a set amount, until you cancel this arrangement via the Service.
d. Cancellation in Case of Death or Disability. If, due to death or disability, you are unable to receive the Service for which you contracted, you or your estate may choose to be relieved of the obligation to pay for Services other than those received before the onset of disability or death, except as per subsection (iii) below.
i. In the abovementioned case, if you have prepaid any amount for the Service, part of the amount prepaid that is allocable to services that you have not received due to death or disability will be promptly refunded to you or your estate.
ii. "Disability" means a medical condition which physically precludes you from using the Service during the disability and such condition is verified in writing by your physician. The Company shall be presented with a written verification of disability from the physician or an official document certifying death.
iii. If, according to the physician’s determination, the duration of the disability is expected to be less than six (6) months, the Company may at its discretion extend the term of the paid Service contract for a period of six (6) months at no additional charge to you instead of cancellation.
4. TERM; TERMINATION
This Agreement comes into full force and effect when you first access the Service and remains in effect all the time you use the Service. You have the right to terminate your membership (subject to terms of the Section 3 above) at any time for convenience by contacting our Support Team online at [email protected] The Company may suspend or terminate your membership and/or use of the Services at any time, at Company’s sole discretion for convenience and without notice. You may be eligible to get a refund in such case, please see Section 20 (Refunds) below for information. The Company is not required, and may be prohibited by law from, disclosing the reason for the termination of your membership. After the termination of your membership, all terms of this Agreement that by their nature shall survive termination of this Agreement shall be deemed to survive the termination including, inter alia, Sections 7, 8, 9, 16, 17, 18, 19, and 22-31. The Company reserves the right, in Company’s sole discretion, to take further action for its or third parties’ (including other Users) loss or potential loss when necessary due to your breach of the Agreement.
5. NON-COMMERCIAL USE
Our Services are intended for personal use only and shall not be used for or in connection with any commercial activities. The Service shall not be used by any organizations, companies, and/or businesses for any purposes.
6. SECURITY OF ACCOUNT
You shall maintain the confidentiality of your username and password designated during the registration process, and you are take full responsibility for any and all activities occurring under your username and password. You undertake to (a) notify BravoDate immediately of any breach of security, including but not limited to, any unauthorized use of your username or password, and (b) make sure that you logout from your account at the end of each session of use of the Service. The Company will not be liable for any damages or losses arising from your noncompliance with this provision. You should exercise particular caution if accessing your account from a shared or public computer so that others are not able to see or record your password or other information of personal nature. You shall be solely responsible for compliance with any and all rules and restrictions governing your use of any public or shared computer, and the Company will not be liable for any your violations of such rules and restrictions. By using our Service, you acknowledge and agree that transmissions over the Internet are never completely private or secure, therefore you understand that any message or information sent by you to the Service may be intercepted or read by others, even if there is a notice that a particular transmission (for example, one of the credit card information) is encrypted or otherwise secured. The Company will not be liable for any damages or losses arising from unauthorized use of your information. You have no right to authorize others to use your account and you may not assign or otherwise transfer your membership to any other person or entity.
7. INTERACTIONS WITH OTHER USERS
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ACKNOWLEDGE THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ALL USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE POSSIBILITY TO SECURE ANY VISAS OR OTHER INTERNATIONAL TRAVEL PERMITS OR DOCUMENTATION FOR ANY USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY SCREENINGS OR CRIMINAL BACKGROUND CHECK (SUCH AS SEARCHES OF SEX OFFENDER REGISTER), AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU GIVE US YOUR CONSENT TO SUCH SEARCHES AND OTHER SCREENINGS.
b. You shall exercise caution and common sense when using the Service, especially when you provide any personal or otherwise valuable information to other Users. The Service is an internet information platform that facilitates contact between persons who may or may not be seeking relationship or friendship. BravoDate makes no, and expressly disclaims all, representations or warranties as to the conduct of Users. The Company is not responsible for any disagreements or disputes between you and any other User you interact with using the Service. You shall bear all risk associated with contacting and dealing with any and all Users or other third parties, including inter alia the risk that any information about a certain User posted on the Service or information provided by a User in the course of interactions with other Users via the Service may be misleading or false. You agree to resolve any dispute with the other party directly with such party. You release BravoDate of all demands, claims, and damages in disputes among Users of the Service or other third parties. You also agree not to involve the Company in such disputes.
TO THE FULLEST EXTENT PERMITTED BY LAW,THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "RELEASED PARTIES") SHALL IN NO EVENT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, GENERAL, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, AND/OR INCIDENTAL, RELATING TO, OR ARISING OUT OF, you’re YOUR OR ANYONE ELSE’S CONDUCT IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, LOSS OF BUSINESS, LOST PROFITS, EMOTIONAL DISTRESS, INTELLECTUAL PROPERTY INFRINGEMENT, TRADE SECRET MISAPPROPRIATION, AND/OR ANY OTHER LOSSES OR DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR ANY OTHER PERSONS YOU MEET THROUGH THE SERVICE. YOU SHALL TAKE REASONABLE PRECAUTIONS IN ANY INTERACTION WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE IN PERSON. YOU ASSUME ALL RISK CONNECTED WITH INTERACTING WITH ANY OTHER USER IN CONNECTION WITH USING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY RISKS CONNECTED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER OR TRANSFERRING MONEY TO ANY USER. ALL USERS OF THE SERVICE HEREBY EXPRESSLY AGREE AND PROMISE NOT TO SUE OR HOLD LIABLE THE RELEASED PARTIES FOR ANY INSTRUCTION, ADVICE, OR SERVICES THAT ORIGINATED THROUGH THE SERVICE, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DAMAGES, SUITS, AND/OR CONTROVERSIES THAT MAY ARISE FROM THE USE OF OR ARE IN ANY WAY RELATED TO THE SERVICE, THE INFORMATION PROVIDED VIA THE SERVICE, AND/OR THE INTERACTIONS BETWEEN ANY USERS OF THE SERVICE, WHETHER ARISING UNDER CONTRACT, TORT OR OTHERWISE. ADDITIONALLY, YOU AGREE, PRIOR TO USING THE SERVICE, TO REVIEW BravoDate’ SAFETY TIPS AVAILABLE AT https://BravoDate.com/safety-tips. YOU ACKNOWLEDGE THAT THE COMPANY MAKES NO GUARANTEES OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR COMPATIBILITY WITH INDIVIDUALS YOU MAY MEET THROUGH THE SERVICE. YOU SHALL NOT PROVIDE YOUR VALUABLE (E.G. FINANCIAL) INFORMATION (FOR EXAMPLE, CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS AND THE COMPANY DISCLAIMS ALL LIABILITY CONNECTED WITH THE FOREGOING.
c. The Company makes no representations or warranties that you may or may not experience specific results from the use of the Service.
d. The Service may provide you with an opportunity to rate other Users' photos or provide other Users with an opportunity to rate your photo. The Service may send you notifications (via email or on the Website) of other Users visiting your profile if a User rates your photo or visits your Member profile on the Service. You acknowledge and agree that BravoDate has no control over any User’s rating of your photo, or of your rating of the photos of other Users, and that BravoDate shall not be liable for any damage or harm arising out of or relating to such ratings.
e. The Service may automatically translate your name or name of your location to other languages to enhance experience of other Users or Members located in foreign countries interacting with you.
f. The Company may allow our Validated Members (as defined in Section 12 Suppliers. Validated Members) to choose to send the same message (an "Icebreaker") to a number of other Users selected by an automatic algorithm in order to allocate the attention and activity among Users of our Service. Icebreakers from the same Validated Member may be received more than once. Validated Members may send Icebreakers through the same channels as ordinary messages, including as a letter and as a chat message.
This may work in the following way:
(i) the text of an Icebreaker is drafted by the Validated Member who then chooses to send it via our mass-messaging service;
(ii) the recipients of the Icebreaker are not selected by the Validated Member; and
(iii) within a certain period of time (up to 24 hours) after that, the Icebreaker is delivered to Members selected by the automatic algorithm.
We do not allow Users other than Validated Members to send Icebreakers in order to reduce the chance that Icebreakers are used for improper purposes such as spam or commercial advertisement.
The Company reserves the right to monitor the content of any communication via our Service, including Icebreakers, and to remove them, or prevent them from being sent, with or without cause. However, the Company assumes no obligation to do so.
You may contact us if you wish to find out whether a certain message is an Icebreaker.
8. WEBSITE CONTENT
a. Proprietary Rights. Subject to your continued full compliance with all T&C, we provide to you a revocable, non-exclusive, limited, royalty-free, non-sublicenseable and non-transferrable license to use the Service. Notwithstanding the foregoing, you understand and agree that the Company owns, licenses, or otherwise retains all proprietary rights in the Service and all intellectual property in it. Such rights include, without limitation, copyright, database rights, design rights, patents, trademarks and other similar rights (whether registered or unregistered), existing anywhere in the world, together with the exclusive right to apply for the protection of such rights on behalf of the Company and its licensors. The Service contains proprietary information, copyrighted material and trademarks of the Company and its licensors. Except for the information in the public domain or for which the Company have given you a written permission to use, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials.
The rights to
b. Reliance on Content or Other Statements. Any opinion, statement, advice, offer, or other content or information made available through the Service by any User or third party are not those of the Company and shall not be relied upon as accurate, reliable or complete. Such Users or third parties are solely responsible for such content, including, but not limited to, its accuracy, completeness, or reliability. The Company does not: (i) guarantee or warrant the completeness, accuracy, or reliability of any information on the Service provided by any User or third party, or (ii) endorse, adopt, or accept responsibility for the completeness, accuracy, or reliability of any statement made by any User or third party that appears on the Service. To the fullest extent possible under the law, under no circumstances will the Company and its officers, directors, employees, or affiliates be responsible for any damage or loss resulting from your reliance on content or information posted on the Service or transmitted to or by any User or third party.
9. USER CONTENT POSTED ON THE WEBSITE
a. You are solely responsible for any and all information, communications and content that you display or publish (hereinafter, "post") on the Service, or transmit to other Users ("User Content"). You shall not post on the Service, or transmit to other Users, any inaccurate, defamatory, abusive, profane, obscene, offensive, threatening, harassing, sexually oriented, racially offensive, or illegal material, as well as any material infringing or violating third party's rights (including, without limitation, intellectual property rights, and rights of publicity and privacy). You shall not provide misleading, inaccurate, or false information to us or to any other User. If information provided to us, or another User, subsequently becomes misleading, inaccurate, or false, you shall promptly notify us of such change and you shall take all reasonably necessary measures to correct such information.
b. You understand and agree that BravoDate reserves the right, but have no obligation, to have access to, monitor and/or remove any and all User Content.
d. You hereby release and agree to hold BravoDate harmless from any causes of action in law or equity you may have or may acquire against us or any of our affiliates for libel, invasion of privacy, slander, right of publicity, copyright or trademark violation, or false light arising out of or in connection with the utilization by us or our affiliates of your User Content.
e. We may remove any User Content from the Service for any reason. The following is a list of examples of User Content that is prohibited on the Service or is illegal; User Content that: (i) constitutes or promotes an illegal or otherwise unauthorized copy of another person's copyrighted work, such as providing pirated software or links to it, providing information on circumvention of manufacturer-installed copy-protect devices, or providing pirated content, or links to pirated content; (ii) is offensive to the online community, such as by promoting racism, hatred, bigotry, or physical harm against any individual or group, harassing or advocating harassment of another person(s); (iii) constitutes or promotes false or misleading information, or promotes illegal activities or abusive, threatening, obscene, defamatory or libelous conduct; (iv) provides material exploiting people under the age of 18 in a sexual or violent manner, or that solicits personal information from persons under the age of 18; (v) contains password only access pages or pages with otherwise restricted access, or hidden pages or images (not linked to or from another accessible page); (vi) provides instructions about illegal activities such as buying or making illegal weapons, violating privacy, or creating or providing computer viruses or other malicious software; (vii) features pornographic or adult content, including, without limitation, content representing a sexual act, naked genitals or other similar graphic material; and/or (viii) promotes engagement in commercial activities and/or sales without the Company’s prior written consent such as contests, barter, advertising, sweepstakes, and pyramid schemes.
The Company reserves the right to take appropriate legal action and to investigate in our sole discretion against anyone violating this provision, including, but not limited to, removal of the offending communication from the Service and terminating the access and membership of violators.
f. You represent and warrant that your use of the Service, including without limitation your User Content, shall be in accordance with any and all applicable laws and regulations.
g. You represent and warrant that you will not include in your Member profile any email addresses, telephone numbers, street addresses, any other personal contact information, your last name or any links to any websites.
h. You represent and warrant that no false or inaccurate information will be published in your Member profile. You shall not create duplicate profiles. We reserve the right to terminate the membership and deactivate the profile(s) of any Member violating this provision (without prejudice to any other provisions hereof).
i. You represent and warrant that you will not engage in solicitation of, or advertising to, other Users including but not limited to advertising or solicitation to buy or sell any products or services through the Service or to attend events, such as parties, or other networking or social functions for business purposes. You shall not send any chain letters, spam or junk email to other Users. Although we cannot monitor the conduct of Users while not on the Service, you shall not and it is also a violation of these rules to use any information obtained on or from the Service to abuse, harass, or harm another person, or to contact, solicit, advertise to, or sell to any User without their explicit prior consent. In order to protect our Users from such advertising or solicitation, we may restrict the number of emails which a User may send to other Users in any time period to a number which BravoDate deems appropriate in its sole discretion.
j. We may record your phone call or live chat through the Service to ensure the quality of the Services.
k. You represent and warrant that: (i) you will communicate and interact with other members honestly; (ii) all information included by you in your Member profile is current, accurate, and complete; (iii) you will not conceal any adverse elements that may be reasonably deemed to be unsuitable for relationships, including but not limited to any information regarding incurable or infectious diseases, physical or psychological disabilities, handicap, or disorders you may have or may believe that you have from those with whom you correspond.
l. If using certain services on the Service, you shall be subject to any posted procedural rules or policies applicable to such Services, which may be posted and modified by us from time to time. All such procedural rules or policies are incorporated into this Agreement.
10. PROHIBITION OF CERTAIN ACTIVITIES
The Company reserves the sole and exclusive right to conduct investigation and terminate your membership in case of your misuse of the Service, or if you act in a way which may be regarded as unlawful, inappropriate, or illegal (without prejudice to any other provisions of the Agreement). You represent and warrant that with respect to, or while using, the Service you will not act in any unlawful, inappropriate, or illegal manner , including, without limitation the following representations and warranties that you shall not:
a. harass or "stalk" any person;
b. use any site search/retrieval application, robot, spider, or other manual or automatic device or process to retrieve, "data mine", index, or in any way circumvent or reproduce the presentation or navigational structure of the Service or its contents;
c. distribute, post, or reproduce in any manner any copyrighted material, other proprietary information, or trademarks without obtaining the prior consent of the owner of such rights;
d. remove any trademark, copyright, or other proprietary notices on the Service;
e. disrupt or interfere with the Website or the Services or the servers or networks connected to the Website / the Services ;
f. email, post, or transmit any material containing computer viruses or any other malicious code, files, or software designed to destroy, interrupt, or limit the functionality of any computer programs or hardware or telecommunications equipment;
g. misplace headers or otherwise forge or manipulate identifiers to disguise the origin of any information transmitted via the Service;
h. conduct unauthorized or illegal uses of the Services, including, without limitation, collecting email addresses and/or usernames of other Users posted on the Service by any means for sending unsolicited emails and/or unauthorized linking to, or framing of, the Service;
i. "mirror" or "frame" any part of the Website or the Service, without the Company’s prior written permission. You shall not use any code, meta-tags or other devices containing any reference to BravoDate or the Website or the Service in order to direct any person to other site for any purpose;
j. sublicense, modify, sell, adapt, translate, reverse engineer, decompile, decipher, or otherwise disassemble any part of the Service or of any software used for or on the Service or cause or assist others to do so;
k. post pornographic materials of any kind;
l. attempt to harm, steal from, interfere with, or gain unauthorized access to the Service, the technology and equipment supporting the Service, or User accounts;
m. post false, misleading, or incomplete information, misrepresent affiliation with a person or entity, or impersonate another person;
n. abuse, harass another person, post objectionable material, or disclose personal information about another person;
o. post marketing or advertising links or content, except if and as explicitly allowed by this Agreement;
p. use the Service in any illegal or unlawful way or commit illegal act in connection to the Service including, but not limited to, any and all laws regulating international money transfers;
q. access or use the Service from a jurisdiction where it is illegal;
r. create or establish any software, legal entities, databases, websites, and/or services that compete with the Service;
s. access or use (or attempt to) the Service in any way or my any means that violate this Agreement.
The Company reserves the right to take legal action against you in the event of your breach of any of the foregoing representations and warranties including, but not limited to, seeking criminal, civil, and injunctive redress.
11. CUSTOMER SUPPORT
a. We provide guidance and assistance through our customer care representatives. BravoDate may, from time to time, create profiles which are maintained, created, and managed by our employees or contractors ("Staff Profiles") for the purpose of enabling us to ensure that our Services are in proper operating order by testing the Services, its features, and functionalities, and to research our products. All Staff Profiles will be identifiable as such and, in the event that you choose to interact or communicate with a Staff Profile, you will be notified of the nature of this profile.
c. By providing your phone number, you consent to receive from us prerecorded or autodialed calls at the phone number that you provide to us, including any mobile phone number and/or any number in a do-not-call list, in order to provide our Services or enforce these T&C. You are not obliged to provide your phone number and therefore your consent to these calls as a condition of the Service. Standard telephone charges of your carrier may apply. Without further notice, and in our sole discretion, we may record or monitor telephone conversations that we may have with you or persons acting on your behalf for training and quality control purposes or for protection of our rights, and you give us your express consent to such monitoring.
d. You agree and promise not to be offensive, abusive, obscene, threatening, profane, sexist, harassing, racially offensive, and to not otherwise behave inappropriately, when communicating with our customer care representatives or other employees. We reserve the right to immediately terminate your membership (without prejudice to any other provisions of this Agreement) if in our opinion at any time you behave towards any of our customer care representatives or other employees not in compliance with the previous sentence.
12. VALIDATED MEMBERS AND SUPPLIERS
a. We purchase certain services from various local service providers (collectively, "Suppliers") in order to facilitate provision of the Service. Among other services provided, Suppliers may:
i. refer female members ("Validated Members") to us for registration on the Service, that is act as "introducers";
ii. provide us some or all of the information on and materials of the Validated Members displayed on the Service (including name, other personal details, videos, photographs etc.) and a copy of the Validated Members’ identification document; and
iii. purchase and deliver gifts, such as flowers and other goods, ordered by Members via the Website as gifts to the Validated Members referred to us by the Suppliers;
iv. collect the paperwork, including the consent to the exchange of contract details with other members, of the Validated Members’.
The Suppliers are not our agents or employees, they are independent contractors. The Company is not responsible for the quality of services of Suppliers, their or their respective employees, servants, agents, or representatives willful or negligent acts or omissions including, but not limited to, partial or inadequate delivery of services or their failure to deliver services.
b. You may contact us via the Service or at [email protected] if you wish to learn whether a certain Member is a Validated Member.
At the time we do not allow our Members to request the personal contact details of, delivery of gifts to, or personal meeting with, any members other than Validated Members. We may provide access to additional features of the Service to Validated Members. Validated Members may be required to agree to terms of using the Service that may differ from, or be additional to, the terms of this Agreement.
13. MEETINGS IN PERSON
YOU SHALL EXCERCISE CAUTION AT ALL TIMES REGARDING YOUR ARRANGEMENTS FOR PERSONAL MEETINGS, AS THESE MEETINGS ARE SOLELY AT YOUR OWN RISK.
a. BravoDate may provide you the opportunity to request through the Service a personal meeting with a Validated Member. You may be charged for this service at the price (which may be in Credits) shown to you in the Service. The scope of services provided in respect of the personal meeting request (in each case either directly by us or through our Supplier) is as follows:
i. we collect from you a request for the meeting with a certain Validated Member, that may include your preferred time of the meeting;
ii. we ask the Validated Members for a consent to the personal meeting with you;
iii. we process the paperwork related to that consent; and
iv. we inform you of the results of abovementioned process via the Service. We may provide you with the following if the Validated Member agrees to the proposed meeting:
A) the contact details of person not associated with us that may assist in further arrangements for the personal meeting, e.g. the Validated Member, the Validated Member’s representative, an employee of the relevant Supplier (the "Contact Person"); and/or
B) additional information about the meeting, for instance, the planned time and place.
Any and all such information and contact details are provided as received by us from the Supplier or the Validated Member, without any verification, checks or warranty from us.
b. Except for expressly listed in (a) above, the Company does not provide any other or additional services with respect to your personal meeting, and does not take part in any further arrangements relating to it. All the arrangements, including but not limited to (and if applicable) any entry clearance, relations with authorities, travel, accommodation, or personal health and safety, are your sole responsibility, and are not part of our Service. You shall take care when you make such arrangements as they may carry risks for you.
c. You may choose to contact and/or enter into certain arrangements with a Supplier, the Supplier’s employees, servants, agents or representatives, the Contact Person, any person referred to you by them, and/or any other third party (each of them hereinafter a "Third Party") -- for example, you may choose to order some of their services with respect to any personal meeting -- in such a case, you do so solely at your own risk, and the Company assumes no responsibility for any conduct of the Third Parties.
Without limiting any other provisions of the Agreement, the Company makes no representations or warranties with respect to any Third Parties, and does not make any recommendations for you to purchase any of their services.
d. You acknowledge that we do not undertake to carry out background or criminal checks on any Third Parties nor do we require our Suppliers to do so.
14. THIRD-PARTY WEBSITES AND LINKS
We may provide you with possibility to access third-party links and websites which we not monitor and over which we do not have any control or input.
You understand and agree that we provide access to such third-party links and websites on "as is" and "as available" basis without any kind of warranties, representations or conditions and we do not endorse them. The Company will have no liability whatsoever arising from or relating to your use of third-party links or websites.
Any your use of third-party links or websites offered through the Service is solely at your own discretion and risk and you shall ensure that you are familiar with and approve of the terms on which the third-party links and websites are provided by the relevant third-party provider(s).
15. SERVICE MODIFICATIONS
The Company reserves the right to modify or, temporarily or permanently, discontinue, the Service (or any part thereof) at any time at its sole discretion with or without notice. You acknowledge and agree that the Company shall have no liability to you or to any third party for any modification, discontinuance or suspension of the Service.
16. IP ADDRESSES BLOCKING
To ensure protection of the integrity of the Service, we reserve the right, at any time in our sole discretion, to block users of certain IP addresses from accessing our Website.
17. COPYRIGHT POLICY
You shall not distribute, post, or reproduce in any manner any trademarks, copyrighted material, or other proprietary information without prior obtaining the written consent of the of such proprietary rights’ owner.
a. Repeat Infringer Policy. We respect the intellectual property rights of others and take the protection of intellectual property very seriously, also we ask you to do the same. We will not tolerate infringing activity on or through the Service. BravoDate’s intellectual property policy is to (i) disable access to or remove material that, in our good faith belief, upon notice from an intellectual property owner or its agent, infringes the intellectual property rights of a third party when is made available on or through the Service; and (ii) remove any User Content placed on the Service by "repeat infringers." We consider a "repeat infringer" any User that has uploaded User Content to the Service and with respect to whose User Content we have received three or more takedown notices compliant with the provisions of 17 U.S.C. § 512 (or other equivalent notices under applicable law). However, we have discretion to terminate the account of any User upon receipt of a single notification of claimed infringement or otherwise upon our sole and exclusive discretion (without prejudice to any other terms of this Agreement).
b. Claimed Infringement Reporting Procedure. If in your opinion any content made available on the Service is being exploited or used in a manner that infringes an intellectual property right that is owned or controlled by you, please send to the designated agent identified below a written "Notification of Claimed Infringement" with the following information. We may disclose your Notification of Claimed Infringement to the User alleged to have infringed the right, and you that we may make such disclosure. Substantially the following shall be included in your notice:
1. A signature (physical or electronic) of a person authorized to act on behalf of the owner of the allegedly infringed material(s);
2. Identification of the allegedly infringed material, or a representative list of materials if multiple materials are covered by a single notification;
3. Identification of the specific material claimed to be infringing or to be the of infringing activity’s subject and that is sought to be removed or access to which is sought to be disabled, and any information reasonably necessary to permit us to locate such material on the Service;
4. Information reasonably necessary to allow us to contact you (e.g. your name, address, telephone number, email address);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
6. Under penalty of perjury, a statement that the information in the Notification of Claimed Infringement is accurate and truthful, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please consult with your lawyer and/or review 17 U.S.C. § 512 or other applicable law on copyright or other intellectual property infringement to make sure you meet obligations to provide a valid notice of claimed infringement.
c. Contact Information of Designated Agent. Our designated agent for receipt of Notifications of Claimed Infringement can be contacted at:
Via E-mail: [email protected]
By mail: 7455 Arroyo Crossing, Suite 220, Office 247, Las Vegas, NV 89113, USA Attention of: Copyright Agent for Internaut Limited .
d. Counter Notifications or False Notifications of Claimed Infringement. The Copyright Act provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of BravoDate relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
17 U.S.C. § 512(f).
We reserve the right to seek damages from anyone submitsing a false notification in violation of the law.
18. DISPUTES BETWEEN MEMBERS
The Company is not responsible for any disagreements or disputes between you and any third party you interact with using the Service including disputes between you and any Users. You shall bear all risk associated with dealing with third parties. You consent to resolve any such disputes directly with the other party. You release us of all demands, claims, and damages in disputes between Users of the Service. You also consent not to involve BravoDate in such disputes. You shall use common sense and caution when using the Service. We make no representations or warranties as to the conduct of the Service’s Users.
In case if your use of the Services is canceled or suspended by the Company without cause (as determined by the Company in its sole discretion), we will provide you with a refund for unused pre-paid Credits.
Except as expressly provided for by the previous sentence or elsewhere in the Agreement (including the Refund Policy incorporated herein by reference), any fees paid, Credits purchased and spent are not refundable, however the Company may make refunds at its sole discretion. The guiding principles of our discretion are stated in our Refund Policy. Without limitation to the other provisions of this Agreement, the Company reserves the right to change or amend the Refund Policy at any time, and such changes shall be effective upon posting on the Service or giving you notice of the change.
You may contact us at [email protected] if you would like to request a refund.
21. PROVISIONS APPLICABLE IN CERTAIN STATES
The following provisions shall apply to Members residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Wisconsin.
You, the buyer, may cancel this Agreement, without penalty or obligation, at any time before midnight of the third business day following the original effective date of this Agreement, excluding Sundays and holidays. If you wish to cancel this Agreement, please mail or deliver a signed and dated notice stating that you, the buyer, is canceling this Agreement, or words of similar effect.
That notice shall be sent to [email protected] or:
- 7455 Arroyo Crossing, Suite 220, Office 247, Las Vegas, NV 89113, USA Attention of: Legal Counsel for Internaut Limited
Please state your email address and username in any correspondence to us. If you cancel the Agreement according to the abovementioned procedure, BravoDate will, within ten days of the date on which you gave notice of cancellation, return any payments you have made.
22. DISCLAIMERS OF WARRANTIES
a. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RELEASED PARTIES (AS DEFINED ABOVE IN SECTION 7(b)), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS WELL AS ANY AND ALL WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE. THE RELEASED PARTIES MAKE NO, AND EXPRESSLY DISCLAIM ANY WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL. WE CANNOT GUARANTEE AND DO NO PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. Without limiting the generality of any other provisions, you agree to take the risks of interruption of the Service for any technical reasons.
b. Additionally to as stated in the preceding paragraph and other provisions of this Agreement, any statement or information that may be posted on the Service is intended for informational and entertainment purposes only and is not to replace or substitute any professional financial, legal, medical, or other advice. We make no warranties or representations and expressly disclaims, to the fullest extent permitted by law, any and all liability relating to or arising from your reliance on the statements or any other information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, You should consult with an appropriately qualified and trained specialist.
c. Any and all information provided on the Service may be changed at our sole discretion without further notice.
23. LIMITATION OF LIABILITY
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE, ATTEMPTED USE, OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE.
IF, NOT WITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, THE COMPANY IS FOUND LIABLE UNDER ANY THEORY, THE COMPANY’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID TO THE COMPANY OR USD $100. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER THE COMPANY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
24. INDEMNIFICATION BY YOU
To the fullest extent possible under law, you agree to indemnify, defend, and hold harmless the Company and all of our subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party resulting from or in any way connected or related to your use of the Service in breach of this Agreement and/or your violation of this Agreement and/or any of your representations and warranties set forth herein. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with us, and fully indemnify us, in connection therewith.
25. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there is no and there shall be no third party beneficiaries to this Agreement.
26. CLASS ACTION WAIVER AND DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
i. Initiating Arbitration. A party which intends to seek arbitration must first send to the other a written notice of intent to arbitrate (a "Notice") by an international courier with a tracking mechanism, or, in the absence of a mailing address provided by you to us, via any other method available to us, including via e-mail. The Notice to the Company must be addressed as follows: 7455 Arroyo Crossing, Suite 220, Office 247, Las Vegas, NV 89113, USA Attention of: Legal Counsel for Internaut Limited   (as applicable, the "Arbitration Notice Address"). The Notice shall (i) describe the basis and nature of the claim or dispute; and (ii) set the specific relief sought (the "Demand"). If you and the Company do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or file an individual claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL EXCLUSIVELY ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. If you commence arbitration against BravoDate, you are required to provide a second Notice to the Company at the Arbitration Notice Address within seven (7) days of arbitration commencement. The Rules and AAA forms are available online at http://www.adr.org. Unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee, if you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of the second Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee.
ii. Arbitration Proceeding. The arbitration shall be conducted exclusively in English. A single, independent and impartial arbitrator with his or her primary place of business in Alexandria, Virginia will be appointed pursuant to the Rules, as modified herein. You and the Company agree to comply with the following rules, which are intended to streamline the arbitration process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
iii. No Class, Representative or Consolidated Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THE COMPANY AGREE THAT YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
Barring extraordinary circumstances, the arbitrator will issue his or her final, confidential decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days upon a showing of good cause and in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act ("FAA") will govern the interpretation, enforcement, and proceedings pursuant to this Section 26 in this Agreement. Any award rendered shall be final, subject to appeal under the FAA.
b. Equitable Relief. The abovestated provisions of this Section 26 shall not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, patents, or other intellectual property. For the avoidance of doubt, you agree that, in the event BravoDate or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against BravoDate, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
d. Improperly Filed Claims. All claims you bring against the Company must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, the Company may recover attorneys’ fees and reimbursement of its costs, provided that the Company has notified you in writing of the improperly filed claim, and you fail to promptly withdraw such claim.
e. Modifications. In the event that we make any material change to this Arbitration provision (other than a change to our Arbitration Notice Address), you may reject any such change by sending us written notice to our Arbitration Notice Address within thirty (30) days of the change, in which case your account with BravoDate and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
f. Enforceability. If only the "No Class Actions" paragraph above or the entirety of this Section 26 is found to be unenforceable, then the entirety of this Section 26 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 27 will govern any action arising out of or related to this Agreement.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE SERVICE ON OR THROUGH THIS WEBSITE FOR THE FIRST TIME (WHICHEVER COMES FIRST) BY WRITING TO [email protected] OR TO THE FOLLOWING ADDRESS 7455 Arroyo Crossing, Suite 220, Office 247, Las Vegas, NV 89113, USA ATTENTION OF: LEGAL COUNSEL FOR Internaut Limited . FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN 30 DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
27. GOVERNING LAW
The laws of the Commonwealth of Virginia, excluding its conflicts of law principles, govern this Agreement and your use of the Service. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts in the City of Alexandria, Virginia, and you hereby irrevocably submit to personal jurisdiction and venue in such courts, and waive any defense of improper venue or inconvenient forum.
28. ENTIRE AGREEMENT
This Agreement and all other provisions referenced herein contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
29. ELECTRONIC SIGNATURE
All information communicated on the Service is considered an electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "I ACCEPT", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
30. NO WAIVER
The failure to require performance of any provision will not affect either party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The section headers in this Agreement are for convenience only and do not have any impact on the interpretation of particular provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of the Service.
31. FORCE MAJEURE
The Company shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Company’s performance.
With any questions regarding this Agreement you may contact us at:
By mail: 7455 Arroyo Crossing, Suite 220, Office 247, Las Vegas, NV 89113, USA , Attention of: Customer Support, Internaut Limited