HER provides a platform for dating, making friends, reading content, finding out about local events, or just chatting with the biggest community for queer people worldwide. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST HER TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 14 OF THESE TERMS: i YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST HER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND ii YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 14 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. These terms create a legally binding agreement between you and us. By accessing or using the Site, you are accepting these Terms. Some of our Services may have additional rules, policies, and procedures. Where such additional terms apply, we will make them available for you. Where Additional Terms apply, we will make them available for you to read through in connection with your use of that service. By using that service, you agree to the Additional Terms. You confirm that you can enter the Agreement. You confirm and promise to us that you have the right, authority, and capacity to enter into these terms. The key terms that you should consider in particular detail are Sections: Changes to the Site and these Terms; 9. Disclaimer; Limitation of Liability and Indemnification; 12. Termination and 14; Arbitration Agreement. You can contact us by writing to us at 1760 Mission Street, San Francisco, California, 94103. For contractual purposes, you consent to receiving communications from HER by email. We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by HER at any time. Those changes will go into effect on the effective date shown in the revised agreement. By continuing to use any Services after the new effective date, you agree to be bound by such changes. If the modified terms are not acceptable to you, except as otherwise required by law, your only recourse is to cease using the Services. As a User of the Services, you agree to provide us with complete and accurate information if requested and to update such information to keep it accurate, current and complete. You hereby grant HER the right to use and distribute the information that you have provided to HER for the purpose for which it was provided. YOU UNDERSTAND AND AGREE THAT THE HER HAS NO CONTROL OVER THE CONDUCT OF USERS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO RELEASE HER FROM ALL LIABILITY ARISING OUT OF OR RELATED TO ANY INTERACTIONS YOU MAY HAVE WITH OTHER USERS THROUGH YOUR USE OF THE SERVICES OR ANY ACT OR OMISSION OF OTHER USERS. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and User identification. You can delete your Account at any time, for any reason, by following the instructions on the Site. Persons under 18 are prohibited from providing personal information on our Websites or via our Apps. If you are under the age of eighteen 18 , you may not use the Services under any circumstances. Further, you agree and represent and warrant that you will not show pictures of anyone under the age of 18 or talk about or share information regarding other people whether or not they are Users of the Services on or through the Services. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to HER. Use of the App from a third party App Store is also subject to the provisions of Section 106. HER Premium offers Users with access to new features, including unlimited swipes, changes in locations, views of whose liked you, read receipts, MixHer, etc. All subscription prices are in USD and are listed in full above. Prices may vary in other countries than the U. We may charge fees in connection with your use of the Services. If you are using the paid-for version of the Services, the price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price advised to you is correct. However please see Section 7. Your Account will be charged for renewal within 24 hours prior to the end of the current subscription period regardless of the length of the subscription period. Auto-renewal may be turned off at any time by going to the iTunes Store or Google Play Store as applicable after purchase and must be turned off at least 24 hours before the end of the current subscription period to take effect. We may change the fees we charge or may choose to temporarily change the fees for our Services and such changes are effective when we post the change on the Service. You agree to pay all charges incurred by you or any Users of your Account and payment card or other applicable payment mechanism at the amounts in effect when such charges are incurred. You agree to immediately notify HER of any change in your payment and financial information. HER reserves the right at any time to change its prices and billing methods. All information that you provide to us or our third party payment processors must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD S , PAYMENT MEANS OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE. You will also be responsible for paying any applicable taxes relating to payments that you make or that you receive. This includes non-personally identifiable aggregate data collected by HER in connection with providing the Services, as well as usage statistics and traffic patterns, any and all rights, title and interest to which are hereby assigned to HER by you. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps or elsewhere. You may not delete any legal or proprietary notices in the Websites, Apps or elsewhere. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. HER reserves all other rights. Permission is granted for viewing the Website pages and Content on the Internet and via the Apps, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites or Apps, the information, including any Content, data or files incorporated in or generated by the Websites or Apps are owned by HER and HER retains complete title to the information and all property rights therein. All other rights are reserved. By making available any of Your Materials on or through the Services or if we make available Your Image on or through the Services, you hereby grant to HER the right to use Your Materials and Your Image as necessary to provide the Services and improve the Services. You also hereby grant to HER the right to use Your Materials but not Your Image to promote and market the Services. HER does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. All Content, product names, trademarks, service marks and logos appearing as part of the Services, unless otherwise noted, are wholly owned or validly licensed by HER. Trademarks, service marks and logos owned by third parties remain the property of such third parties. You also agree that HER shall have the right to use and fully exploit such Feedback in any manner that we consider appropriate, including posting on the Internet. Please note that the Feedback you provide to us will not be treated as confidential information — accordingly, you agree not to submit to us any information or ideas that you consider to be confidential or proprietary. You may only submit ideas and material if you have obtained appropriate copyright and other permission to submit such materials and to permit HER to use such material without restriction. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights. YOU AGREE THAT ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF ANY ACTION OR INACTION OF ANY THERAPISTS OR CUSTOMERS, SHALL BE EXCLUSIVELY BETWEEN YOU AND THE THERAPIST OR CUSTOMER AS APPLICABLE AND NOT HER. YOU AGREE TO USE THE SERVICES SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT ANY DAMAGES TO YOU, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT HER SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. The Services are controlled by HER from its facilities in the United States of America. HER makes no representations or warranties that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with all applicable local laws and regulations. We have no control over the contents of those sites or resources. As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto e. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees if any charged by the App Store Owner in connection with the Services, including the App. As between HER and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HER. Government embargo, or that has been designated by the U. Government list of prohibited or restricted parties. In the event HER terminates this Agreement or your access to the Services or deactivates or cancels your Account, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by contacting us. Please note that if your Account is cancelled, we do not have any obligation to delete or return to you any of Your Content that you have posted to the Services, including, but not limited to, any reviews or Feedback. HER has customer information and privacy policies as set forth in its online Privacy Policy weareher. HER prohibits the sending of unsolicited bulk email or text messages spam. Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient. HER prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. This Agreement will be governed by and interpreted in accordance with the laws of the State of California and we both agree to submit to the non-exclusive jurisdiction of the District Courts of California. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in California or in the EU country in which you live. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term s or condition s being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by without restriction. We may transfer our rights and obligations under these Terms to another organisation — for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. These Terms are between you and us. No other person or party shall have any rights to enforce any of its terms. Under California Civil Code Section 1789. You may report complaints to The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 800 952-5210. Please read this Arbitration Agreement carefully. It is part of your contract with Bloomer, Inc. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with HER will be resolved by binding arbitration, rather than in court, except that 1 you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual non-class, non-representative basis; and 2 you or HER may seek equitable relief in court for infringement or other misuse of intellectual property rights such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents. This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior Agreement. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST HER IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company, at 1209 Orange Street, Wilmington, DE 19801. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and HER. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and HER. YOU AND HER EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and HER are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and HER over whether to vacate or enforce an arbitration award, you and HER waive all rights to a jury trial, and elect instead to have a judge resolve the dispute. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor HER is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in this Section 14 Exclusive Venue below. You may opt out of this Arbitration Agreement. If you do so, neither you nor HER can force the other to arbitrate. To opt out, you must notify HER in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your HER username if any , the email address you used to set up your HER account if you have one , and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: hello weareher. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and HER agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the applicable county within the State of California. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
