Last Modified on August 2, 2012
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Your use of the Site AND/OR THE SERVICE, or BY clicking “I ACCEPT” if presented with THIS TOU in a click-through format, signifies that you agree to THIS TOU and constitutes your binding acceptance of THIS TOU, including any modifications that POLITICAL MATCHMAKERS makes from time to time.
3. ToU Updates. Political Matchmakers will revise this ToU as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.
4. Termination of Service. Political Matchmakers reserves the right to deny service to any person at Political Matchmakers’ sole and absolute discretion. The Service is offered with the understanding that Political Matchmakers may terminate any Account (defined below) registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. Political Matchmakers may stop offering and/or supporting the Service at any time and/or block any communications that Political Matchmakers finds unacceptable in its sole discretion for any reason. If Political Matchmakers terminates your Account because you are in breach of this ToU, you shall not be entitled to any refund of unused Subscription Fees.
5. Accounts and Security.
5.1.Eligibility. You must be at least eighteen (18) years of age, single or separated from your spouse, and not a felon or required to register as a sex offender to register for an Account and use the Service. Your right to use the Service is void where prohibited. You represent and warrant that you are an adult over the age of 18, have the legal capacity to enter a contract in the jurisdiction where you reside, are single or separated from your spouse, have never been convicted of a felony and are not required to register as a sex offender with any government entity.
5.2.Account. To access the Service, you must have an account (“Account”). You can create an Account by completing the registration process on the Site or as otherwise specified herein.
5.2.1. Basic Account. You may sign up for a basic Account (“Basic Account”) and participate in certain aspects of the Service, which may include but shall not be limited to searching for other users on the Site, creating a user profile page (“Profile Page”) and participating in daily straw polls (collectively, the “Basic Features”) without paying a Subscription Fee. You acknowledge that Political Matchmakers may change the Basic Features without notice and reserves the right to charge fees for or in association with the Basic Account and/or Basic Features with notice.
5.2.2. Premium Account. You may sign up for a premium Account (“Premium Account”) and participate in certain additional aspects of the Service, which may include but shall not be limited to instant chat with other users, e-mail, flirt questions, a listing of profile views and other features as may be added or changed from time to time (“Subscription Features”) by associating a Payment Method (defined below) with your Account and paying a Subscription Fee (defined below). Additionally, once you have a Premium Account, you can purchase additional one-time services offered through the Site from time to time (“Additional Features”) by paying the associated One-Time Payments (defined below). You acknowledge that Political Matchmakers may change the Subscription Features and Additional Features at any time without notice.
5.3.Third Party Accounts. If you are a registered user of certain third party social networking accounts as specified on the Site, such as a Facebook account (“Third Party Accounts”), you may use your Third Party Account information by logging into your Third Party Accounts through the Site to: (i) log into your Account on the Site; (ii) enable you to automatically fill in certain information in your Account profile; (iii) send posts and/or messages with respect to the Service through your Third Party Accounts; or (iv) perform other actions as permitted by the Service and your Third Party Accounts from time to time. Your Third Party Accounts are subject to separate terms and conditions provided by the Third Party Account providers. You hereby acknowledge that the Third Party Account providers are not responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by the Third Party Account providers. Further, you acknowledge that Political Matchmakers is not responsible for and does not guarantee continued functionality between the Site and your Third Party Accounts, and is not responsible for any effect your use of the Site has on your Third Party Accounts.
5.4.Account Security. Maintaining Account security is very important. You are entirely responsible for maintaining the confidentiality of your Account password. You agree to notify Political Matchmakers immediately if you believe that your Account password may have been compromised. You are solely responsible for any unauthorized transactions or other unauthorized actions taken by third parties utilizing your Account.
5.5.Account Sharing or Transfers. You may not share or transfer any Account. You may not disclose your password to anyone else.
5.6.Your Cancellation. You have the right to cancel any Account registered to you at any time or change your Account to a Basic Account or Premium Account, subject to certain obligations outlined herein. You may cancel any Account registered to you or change any Account type by following the instructions on the Site.
5.7.Effect of Account Termination or Cancellation. If you voluntarily terminate an Account, you may reactivate that Account at any time through the Account interface on the Site. Accounts terminated by Political Matchmakers for any type of abuse, including without limitation a violation of this ToU, may not be reactivated for any reason and your IP address may be blocked from the Site. If your Account is cancelled, your access to the Service and any future reoccurring payments will automatically be terminated as well.
6.1.Reoccurring Payments. In order to sign up for a Premium Account through the Service and take advantage of the Subscription Features you must have a valid accepted payment method (“Payment Method”) as indicated during the Account sign-up. Political Matchmakers will begin billing your Payment Method for one (1) month, (3) months, (6) months or such other time period specified during sign-up (the “Subscription Period”) of subscription fees at a rate specified during your Account sign-up (the “Subscription Fee”) and as listed in your Account settings. Such Subscription Fees are fully earned upon payment. Political Matchmakers will continue to bill your Payment Method on a regular basis based upon your Subscription Period until you cancel our Service through your Account settings by downgrading your Premium Account to a Basic Account or cancelling your Account. You may cancel the Service at any time by contacting us or cancelling through your Account settings; however, there are no refunds or credits for partially used Subscription Periods, except in the case of a Refund as outlined below. You are expressly agreeing that Political Matchmakers is authorized to charge you a regular Subscription Fee for each Subscription Period to the Payment Method (or to a different Payment Method if you change your Payment Method by contacting Political Matchmakers or changing your Account settings). Please note that Subscription Fees are subject to change with notice. As used in this ToU, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. We will automatically bill your Payment Method each Subscription Period on the calendar day corresponding to the commencement of Political Matchmakers’ provision of the Services. You acknowledge that the Subscription Fee billed each Subscription Period may vary for reasons that may including differing promotional offers, and you authorize us to charge your Payment Method such varying amounts. You must cancel our Service before the Service period renews each Subscription Period in order to avoid billing for the next Subscription Period’s Service to your Payment Method.
6.2.One-Time Payments. In order to utilize specific Additional Features, you will be required to have a Premium Account and make one-time payments as specified on the Site (“One-Time Payments”) through your Payment Method. By submitting your request for such Additional Features through the Site you authorize Political Matchmakers to bill your Payment Method for such associated One-Time Payments as outlined on the Site. Such One-Time Payments are fully earned upon payment. There are no refunds or credits for One-Time Payments, even if your Account is cancelled and/or such Additional Features are unused. Please note that One-Time Payments are subject to change with notice.
6.3.Limited Cancellation Policy. Notwithstanding the foregoing, you may request and receive a refund of the Subscription Fee for one (1) Subscription Period (“Refund”) by contacting Political Matchmakers within seventy-two (72) hours after your Payment Method is billed for such Subscription Period at email@example.com. Such Refund shall be your sole right to a refund of any Subscription Fees under this Agreement. If you fail to contact Political Matchmakers or Political Matchmakers fails to receive an email from you specifying your intent to cancel for any reason within seventy two (72) hours after your Payment Method is billed for any given Subscription Period, you will not be entitled to a Refund for such Subscription Period. Under no circumstances shall any Refund exceed the Subscription Fees actually received by Political Matchmakers for one (1) Subscription Period and you shall not be entitled to a Refund if you have breached or are in breach of this Agreement.
6.4.Additional Billing Terms. You must provide current, complete and accurate information for your Premium Account. You must promptly update all information to keep your Premium Account current, complete and accurate (such as a change in billing address, credit or debit card number or expiration date), and you must promptly notify Political Matchmakers if your Payment Method is canceled. If your Payment Method reaches its expiration date and you do not change your Payment Method by contacting us or cancel our Services, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. You also authorize Political Matchmaker to charge you for any sales or similar taxes that may be imposed on your Subscription Fee payments or One-Time Payments. Upon the renewal of your subscription, if Political Matchmaker does not receive payment of the Subscription Fee for such Subscription Period from your Payment Method provider, (i) you agree to pay all amounts due on your Premium Account upon demand, and/or (ii) you agree that Political Matchmaker may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your Premium Account will be activated and for purposes of automatic renewal, your new Subscription Period will begin as of the day payment was received). For certain Payment Methods, your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card for details. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS (EXCEPT UNDER LIMITED CIRCUMSTANCES AS OUTLINED IN SECTION 6.3 ABOVE) OR UNUSED ADDITIONAL FEATURES. YOU ARE FULLY LIABLE FOR ALL CHARGES RELATED TO THE SERVICE YOU ORDER, INCLUDING ANY UNAUTHORIZED CHARGES.
7. Restrictions and Conditions of Use.
7.1.Use of Site and Service. Political Matchmakers permits you to view and use a single copy of the Site and/or the Service solely for your non-commercial and personal use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site and/or the Service. Political Matchmakers reserves the right to add or remove information, content or Service from the Site at any time at its sole discretion.
7.2.No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
7.3.Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; (b) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or Service; or (c) “stalk” or otherwise harass any person. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation through your Profile Page or the Service or regarding Political Matchmakers and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
7.4.No Commercial Uses. You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or the Service, including sending solicitations or advertisements to other Account holders.
7.5.No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Service not directly provided to you through the Service, including without limitation information or messages of other Account holders; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Service.
8. User Content.
8.1.Content. “Content” means any communications, images, sounds, and all the material and information that you upload or transmit through the Site, your Profile Page, and/or Service, or that other users upload or transmit, including without limitation any postings, messages and/or chat text. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, royalty-free, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Site, your Profile Page and/or Service any Content that is subject to any third-party rights or subject to the limitations outlined in Section 8.4 below. You agree that all Content you provide through your Profile Page, the Site and/or the Service shall be accurate, current and complete.
8.2.Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. We do, however, pre-screen certain Content you provide through the Service and your Profile Page to ensure that it does not contain profanity, links to other websites, phone numbers, email addresses, last names, physical addresses or other prohibited content. Additionally, we may or our representatives may monitor and/or record your communications (including without limitation postings, messages and/or chat text), and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. When you disclose Content about yourself through the Profile Pages, Site and/or Service, the Content is being made publicly available to other users of the Service and may be collected and used by such other users. We do not assume any responsibility or liability for Content that is generated by users of the Site, Profile Pages and/or Service. When you disclose any Content in the Profile Pages, Site and/or Service, you do so at your own risk. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation private messages and chat text) for any reason, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of this ToU or any other agreement; (c) to protect our legal rights and remedies; (d) where we feel someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior. You are solely responsible for your interactions with other users. Political Matchmakers reserves the right, but has no obligation, to monitor disputes between you and other users.
8.3.Content Reliability. You understand that much of the Content included on the Profile Pages and through the Site and/or Service is from other users who are not employed by or under the control of Political Matchmakers. You further acknowledge that a large volume of Content is available in the Profile Pages, Site and/or Service and that people participating in such Service may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or unlawful. Political Matchmakers neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other Content made or displayed through the Profile Pages, Site and/or Service by you or other users. The opinions expressed through the Profile Pages, Site and/or Service reflect solely the opinions of you and/or other users and may not reflect the opinions of Political Matchmakers. Political Matchmakers is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the Content contained in the Profile Pages, Site and/or Service. Under no circumstances will Political Matchmakers be liable for any loss or damage caused by your reliance on the Content in the Profile Pages, Site and/or Service or your use of the Profile Pages, Site and/or Service.
8.4.Prohibited Content. The following is a partial list of Content that is prohibited from appearing on or transmitted through Profile Pages, Site and/or Service: (a) patently offensive Content, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another individual; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (d) promotes information that is false, misleading or related to illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes infringement of copyrighted works, by providing links to pirated images, audio or video files or otherwise; (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; (g) promotes illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (h) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (i) engages in commercial activities and/or sales without Political Matchmaker’s prior written consent; or (j) contains materials you do not possess the rights to post on the Site and/or Service, including but not limited to copyrighted or trademarked materials you do not have permission to use. You may not include in your Profile Page any profanity, telephone numbers, street addresses, last names, links to other websites, email addresses or alias for third party services (e.g., screen names for third party services).
9.1.Links from the Site. The Site may contain links to websites operated by other parties. Political Matchmakers provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Political Matchmakers, and Political Matchmakers is not responsible for the content available on the other sites. Such links do not imply Political Matchmakers’ endorsement of information or material on any other site and Political Matchmakers disclaims all liability with regard to your access to and use of such linked websites.
9.2.Links to the Site. Unless otherwise set forth in a written agreement between you and Political Matchmakers, you must adhere to Political Matchmakers’ linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Political Matchmakers’ and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Political Matchmakers, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Political Matchmakers reserves the right to revoke its consent to the link at any time and in its sole discretion.
10. Intellectual Property.
10.1. Feedback. Political Matchmakers shall exclusively own and have title to all feedback, reports and test results provided by you and any modifications or derivatives of the Site and Service. You hereby make all assignments necessary to accomplish the foregoing, including assignment to Political Matchmakers of all ownership interest in any feedback, reporting, results, or any other related diagnostic or customer service information associated with your use of the Site and/or Service and related written materials.
10.2. Trademarks. Political Matchmakers, BlueStateDate and the associated logos are trademarks/service marks of Political Matchmakers. Unauthorized use of any such trademarks, service marks or logos may be a violation of federal and state trademark laws.
10.3. Copyright. The Site and the Service and the content made available through the Site and the Service are protected by U.S. and international copyright laws. Except for your use of the content in connection with the Service to which we have the appropriate licensing rights or as authorized in this ToU, you may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Political Matchmakers’ express prior written permission.
10.4. Copyright Agent. Political Matchmakers respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. Political Matchmakers maintains a policy of termination in appropriate circumstances of users who use the Site and/or Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
· Your address, telephone number, and email address;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Legal Department
Political Matchmakers, LLC
2967 Michelson Drive, Suite G-217
Irvine, CA 92612
11. Location. The Site and the Service are operated by Political Matchmakers in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
12. Children. The Site and the Service are not directed toward children under 18 years of age nor does Political Matchmakers knowingly collect information from children under 18 or allow them to create an Account or access Account features. If you are under 18, please do not submit any personally identifiable information to Political Matchmakers.
13. User Interactions.
14.1 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT POLITICAL MATCHMAKERS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS, INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR VERIFY THE ACCURACY OF INFORMATION PROVIDED BY ITS USERS. POLITICAL MATCHMAKERS CANNOT CONTROL AND DOES NOT MAKE REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH YOU. POLITICAL MATCHMAKERS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
14.2 IN NO EVENT SHALL POLITICAL MATCHMAKERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON. YOU UNDERSTAND THAT POLITICAL MATCHMAKERS MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE.
14. Disclaimer of WarrantIES.
THE SITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. POLITICAL MATCHMAKERS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. POLITICAL MATCHMAKERS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR SERVICE WILL BE SECURE; THAT CONTENT POSTED ON OR THROUGH THE SITE AND/OR SERVICE BY OTHER USERS WILL BE ACCURATE, CORRECT, COMPLETE OR FREE OF DEFECTS; THAT INDIVIDUALS WHO SIGN UP THROUGH THE SERVICE ARE WHO THEY CLAIM TO BE; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
15. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLITICAL MATCHMAKERS, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR THE SERVICE, EVEN IF POLITICAL MATCHMAKERS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF POLITICAL MATCHMAKERS OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Political Matchmakers and its affiliates shall be limited to the fullest extent permitted by law.
16. Indemnification. You agree to indemnify, defend and hold Political Matchmakers and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site and/or the Service, any breach by you of this ToU or any other policies that Political Matchmakers may issue for the Site and/or Service from time to time, any violation of applicable law related to your use of the Site and/or Service, incomplete, inaccurate or incorrect Content provided through the Site and/or Service, or your interactions with other users of the Site and/or Service through the Site and/or Service or otherwise.
17. Governing Law; Jurisdiction. This ToU shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 18 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Orange County, California and you agree to submit to the personal jurisdiction and venue of such courts.
18. Binding Arbitration.
18.1. Arbitration Procedures. You and Political Matchmakers agree that, except as provided in Section 18.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 18 and the JAMS Rules, the terms in this Section 18 will control and prevail.
Except as otherwise set forth in Section 18.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (i) you and Political Matchmakers may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND POLITICAL MATCHMAKERS WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
18.2. Location. The arbitration will take place in your hometown area if you so notify Political Matchmakers in your notice of arbitration or within ten (10) days following receipt of Political Matchmakers’ arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Irvine, California, unless the parties agree to video, phone and/or internet connection appearances.
18.3. Limitations. You and Political Matchmakers agree that any arbitration shall be limited to the Claim between Political Matchmakers and you individually. YOU AND POLITICAL MATCHMAKERS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
18.4. Exceptions to Arbitration. You and Political Matchmakers agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of your or Political Matchmakers’ intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
19.1. ToU Revisions. This ToU may only be revised in a writing signed by Political Matchmakers, or published by Political Matchmakers on the Site.
19.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Political Matchmakers as a result of this ToU or your use of the Service.
19.3. Assignment. Political Matchmakers may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Political Matchmakers’ prior written consent, and any unauthorized assignment by you shall be null and void.
19.4. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
19.5. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
19.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
19.7. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: Political Matchmakers, LLC, 2967 Michelson Drive, Suite G-217, Irvine, CA 92612, ATTN: CEO.
19.8. Equitable Remedies. You hereby agree that Political Matchmakers would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
19.9. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.