Terms and Conditions of Use

Acceptance of the Terms of Use:

When you register for any service within this site (the "Site"), all services hereinafter collectively referred to as the ("Service"), you agree to all the terms and conditions of this User Agreement (the "Agreement"). This Agreement constitutes the agreement between the Site and you regarding your use of the Service. You must agree to comply with all terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Please read the following terms and conditions carefully. IF YOU DO NOT AGREE WITH THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT, AND SHOULD NOT USE THE SERVICE, AND YOU SHOULD NOT, AND MUST NOT PROCEED WITH REGISTRATION. BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY MODIFICATIONS WE MAY MAKE TO THIS AGREEMENT.

Binding Agreement:

By providing us with all the required information and registering as a member, you acknowledge and affirmatively represent that you have read and understand the terms set forth in this document and that you agree to be bound by the terms and conditions of this document.

Right of Use:

Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by us in each update. At our sole discretion, we may alter, suspend, or discontinue any aspect of the Site and/or Service at any time, including the availability of any feature of the Site and/or Service, database, or Content (defined below). We may also impose limits on certain features and aspects of the Site or Service or restrict your access to parts or all of the Site or Service without prior notice or liability.

Export Control:

The Site and the Service must not be viewed, used, exported, or re-exported to any jurisdiction where access, viewing, downloading, or other use of the Site or Service may constitute a violation of any law, regulation, rule, or custom. The Site and the Service must not be accessed by (i) any person located in China, Cuba, Iran, Iraq, Libya, and Syria, or any other country under United States embargo; or (ii) any person or entity listed on the United States Treasury Department's Specially Designated Nationals list or the United States Department of Commerce Denied Orders Table. The foregoing groups are not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction.

Adults Only:

THIS SERVICE IS FOR ADULTS ONLY. By using or viewing the Site or the Service, you represent, warrant, and agree that you are at least 18 years old or the age of majority in your jurisdiction, if the age of majority is greater (for example, 21 years old), and that you are not prohibited by law from using the Site or the Service. If your use of the Site or the Service violates this section, you will be subject to legal action as a result.

Privacy and Use of Information:

As set forth in more detail in our Privacy Statement, your personal information will not be resold to third parties. However, all information you provide to us may be shared with other third parties as necessary to comply with applicable law and to generally cooperate with law enforcement and the judicial system in the investigation and prosecution of suspected criminal activities or otherwise, including, without limitation, in response to inquiries from law enforcement and regulatory agencies.

Commitment Against Slavery and Human Trafficking

At clubsugars.com, we prioritize ethical practices. We are fully committed to maintaining a safe environment and opposing any form of exploitation, forced labor, or abuse of human rights. By accepting these terms, you confirm your commitment to avoiding activities that support slavery or human trafficking. clubsugars.com may take appropriate measures, including legal action and account suspension, against users who violate this commitment.

Registration:

You may become a member of the Service by completing an online registration form. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (such information being the "Registration Data"), and (b) update the Registration Data to keep it true, accurate, current, and complete at all times while you are a member. You must promptly notify the Company of any and all changes to the Registration Data, including but not limited to changes to your email address and changes to your payment method information used in connection with billing for the Service. If you provide any information that is false, inaccurate, outdated, incomplete, or if the Company or any of its authorized agents have reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, the Company has the right to suspend or terminate your account immediately and may refuse any current or future use of the Site and the Service, as well as possibly subject you to criminal and civil liability.

You may become a subscriber by paying the applicable subscription fee.

You are responsible for any dishonored checks, improper chargebacks, or credits to your payment method, as well as any related fees we incur in connection with your account.

A.- User account and responsibility for its use: As part of the registration process, you will be assigned a unique username and password that you must provide in order to access the non-public portion of the Site. You certify that when asked to choose a username, you will not select a name that falsely represents you as someone else or a name that could otherwise violate the rights of a third party. We reserve the right to refuse the use of usernames that, in our sole discretion, we consider inappropriate. We reserve the right to terminate at any time the membership of any member who uses their selected username in violation of these Terms of Use or in any other manner that we, in our sole discretion, deem inappropriate. You may not use the Service for any illegal purpose. We may refuse to grant or discontinue your use of a username for any reason, including but not limited to, if the username you have chosen impersonates another person, is protected by trademark, or is vulgar or otherwise offensive, as determined by us in our sole discretion. Your membership, ID, and password are non-transferable and non-assignable. You represent and warrant that you will not disclose your unique username and password to any other person and that you will not provide access to the Service to individuals who are under the legal age of majority. You are solely responsible for maintaining the confidentiality of your username and password and you are solely responsible for all activities that occur under your username and password. The Company will not disclose your password (to YOU or to anyone else) for security reasons. You agree to (1) immediately notify the Company of any unauthorized use of your username and password or any other security breach, and (2) ensure that you log out of your account at the end of each session. You are responsible for any unauthorized use of the Service until you notify the Company via email regarding such unauthorized use. Unauthorized access to the Service is illegal and constitutes a violation of this Agreement. You agree to indemnify the Company against all activities conducted through your account. You may obtain access to your billing records upon reasonable request.

B.- Security: Your account is private and must not be used by anyone else. You are responsible for all use or activity on the Service by users who use your password, including but not limited to the use of your password by any third party.

C.- Use of information in the Service: You acknowledge and agree that:

We cannot guarantee the security or privacy of any information you provide through the Service, including via email, messaging, or otherwise; You release the Site from all liability in connection with any failure in the security of such information and/or messages and with respect to the use of such information by other parties;
The Company is not responsible for, and cannot control, the use of any information provided by you to other parties or through the Service by anyone, and you should exercise caution when selecting the personal information you provide to others through the Service;
The Company cannot and does not assume any responsibility for the Content of any communication sent by any user on the Service or the Content posted on any profile, and you release us from all liability in connection with the content of any Communication you may receive from other users;
You acknowledge that you may not bring any legal action against the Company or any of its employees, officers, or agents for any type of damages, under any theory, as a result of your use of the Service; and
All images uploaded to the Company become the property of the Company and may be used by the Company without restriction as marketing material. By accepting this Agreement and its terms and conditions, you specifically authorize us to use any images you upload to the Company to market the Site at our discretion.

You will not use the Service to infringe any privacy right, property right, or other civil right of any person.

You agree to use the Service in accordance with the following Code of Conduct:

You are solely responsible for any content, including but not limited to text, audio or video recordings, photographs, graphical representations, or any other type of material, data, or information (collectively, the "Content") that you post on the Site or display to other members of the Service. By uploading video(s), you certify that you have the rights to the video(s) and understand that other users may download them. You will keep all Content provided to you through the Service private and confidential and will not disclose such Content to anyone without the permission of the person who provided it to you;
You are aware that absolutely no explicit adult content or nudity will be allowed on the Service. You acknowledge that any violation of this provision will result in an immediate and permanent ban from using the Service.
You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to posting any Content that contains sexual conduct (real or simulated); defamatory or abusive statements; or racist, pornographic, obscene, or offensive language;
You will not post any Content or use the Service in any way that: (i) violates, plagiarizes, or infringes the rights of third parties, including but not limited to any copyright, trademark, privacy, or other intellectual property rights; or (ii) constitutes fraudulent or illegal conduct in connection with your use of the Service or violates any law;
You will not upload to the Service any illegal or extreme content, whether real, hentai, animation, or any other form of expression, including but not limited to: bestiality, child pornography, scat, blood, person-to-person urination, cannibalism, gun play, knife/blade play, necrophilia, incest, rape, asphyxiation, captivity, or any other content deemed extreme by the site administrators;
You will not use the Service to distribute, promote, or post any material containing solicitation of funds, advertising, or solicitation of goods or services, or to send chain letters;
The Service is for your personal use only. You may not allow others to use the Service and may not transfer accounts to other users; and,
You will not use the Service to infringe any privacy right, property right, or other civil right of any person.

Content Posted by Members:

By displaying or posting ("posting") any Content on or through the Service, you grant the Company a limited, non-exclusive, fully paid and royalty-free license to use, modify, delete, add to, publish, reproduce, and translate such Content. You also authorize the Company to post any and all photographs you have uploaded through the Site and other affiliated websites that include other members of the Service, which may be operated under a different name than the Site and/or Service. By uploading video(s), you certify that you have the rights to the video(s) and understand that other users may download them. The Company hereby disclaims all liability with respect to all Content provided by members or other third parties, to the extent permitted by law, including but not limited to under the Communications Decency Act, and you waive such claims against the Company. We will remove any Content you may post on the Site upon notification, as set forth in these terms and conditions, that the Content you post on the Site infringes another party’s intellectual property rights. We may remove any Content you post on this Site that we believe, in our sole discretion, violates this Agreement without any obligation to provide you prior notice of such removal. You may not post any Content that solicits information or responses from persons under 18 years of age, misrepresents your identity and requests information that may be used for illegal purposes, or encourages illegal activities. The Company reserves the right, in its sole discretion, to immediately suspend your account, seek injunctive relief, file a civil lawsuit, and/or report any conduct that violates these terms and conditions to any authorities having jurisdiction over the matter. In the event that any actions or proceedings are brought against the Company as a result of Content you have posted on the Site or your participation in prohibited activities as set forth in this section or this Agreement, you agree to indemnify and hold the Company harmless from all costs and expenses, including but not limited to attorneys’ fees and costs that the Company may incur as a result of your posting of such Content or participation in such prohibited activities.

Member Responsibilities and Background Checks:

Currently, the Company does not perform criminal background checks on its members. The Company does not investigate the background of its members to verify any of its members’ statements. The Company makes no representations or warranties regarding the conduct of members or their compatibility with future or current members. The Company reserves the right to conduct a criminal background check, such as on registered sex offenders, at any time using public database records, but is not obligated to do so.

The Company shall not be liable for any damages, direct or indirect, compensatory, special, general, consequential, and/or incidental, related to your conduct or the conduct of any other person in connection with the use of our Service. This includes, without limitation, emotional distress, bodily injury, and/or any other damages resulting from meeting or communicating with other members on our websites. You agree to take reasonable precautions in all communications and interactions with other individuals on our sites. If you choose to meet someone in person offline, you do so at your own risk. You further understand that the Company makes no warranties, express or implied, regarding your compatibility with individuals on our Service. Never provide any financial information such as bank account or credit card numbers to other members.

This Service operates as an interactive computer service provider under federal law and allows individuals to communicate with one another in various ways. As with any human interaction, some individuals may attempt to abuse the Service and its network services in order to harass, intimidate, or harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notice serves as a warning to our users regarding the potential misuse of our services. We urge you to use common sense when interacting with individuals through the Service and to report any instances of misconduct to customer support.

Member Communications and Security:

The Service is an online social networking dating platform and cannot guarantee that exchanges between you and other users of the Service will be truthful, satisfactory, or lead to an in-person or even telephone meeting. You agree that the Company is not responsible for any interaction you may choose to engage in outside of the Service, nor for any false information other users of the Service may share or transmit, whether such information is shared through the Service or outside of it. You agree that the Company is not responsible for and cannot assist you with any interactions outside of our social interaction platform, and that such interactions are undertaken at your own risk.

The Company does not use or endorse the use of fake profiles or bots. Despite the Company’s efforts to promptly investigate all reports of any individuals who may be using fake profiles or bots, the Company cannot guarantee that the Service will not be misused by others. As noted elsewhere in these Terms, the Company cannot and does not undertake to verify the accuracy of the information provided by users of the Service.

Please be aware when using the Service and all other social networking platforms:

Anyone who may commit identity theft can also falsify a dating profile.
There is no substitute for exercising caution when communicating with any stranger who wants to meet you.
Never include your last name, email address, home address, phone number, workplace, or any other identifying information in your online profile or initial email messages. Stop communicating with anyone who pressures you for personal or financial information or attempts to trick you into revealing it; and
If you choose to have an in-person meeting with another member, always tell a family member or friend where you are going and when you expect to return. Never agree to be picked up at your home. Always provide your own transportation to and from your meeting and meet in a public place with plenty of people around.

No warranty regarding member content:

We cannot guarantee and assume no responsibility for verifying the accuracy of information provided by any other user of the Service, including but not limited to information regarding a member’s age and marital status. Furthermore, as users may terminate or suspend their membership at any time, we cannot guarantee that individuals shown in various listings are currently active members. You hereby acknowledge and agree that we have no responsibility for any inaccuracies, whether intentional or unintentional, made by users or resulting from outdated information.

Member obligation to comply with 18 U.S.C. 2257 regarding certain content:

You should be aware that, under federal law, any visual depiction you post on the Site that depicts sexually explicit conduct, descriptions of the genitals or pubic area, or simulated explicit sexual activity, as those terms are defined in 18 U.S.C. §2256(2)(A)(i)-(v) and 18 U.S.C. §2257A, requires you to maintain the records required by 18 U.S.C. §2257 and must contain a “18 U.S.C. §2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with the provisions of 18 U.S.C. §2257 may subject you to criminal and civil prosecution for violation of 18 U.S.C. §2257.

Content Monitoring:

We reserve the right, but have no obligation, to monitor all public and private notices and messages to ensure compliance with the content guidelines and this Agreement, which are subject to change from time to time. We also reserve the right, but have no obligation, to monitor all messages and chats that take place through the Site. We are not responsible for any offensive or obscene material that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of "hackers"). As mentioned above, we are also not responsible under any circumstances for the use of any personal information, by any person, that you post or transmit through the Service.

Content Removal:

While we do not review and cannot review all messages or other materials posted or sent through the Service and we are not responsible for any content of such messages or materials, we reserve the right, but are not obligated, to remove, move, or edit messages or materials, including without limitation advertisements, notices, or public or private messages, that we, in our sole discretion, may determine violate the Code of Conduct set forth above or are otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move, or edit messages or materials, you remain solely responsible for the content of advertisements, public notices, messages, and other materials that you may upload to the Service or otherwise provide to users of the Service.

Termination of Access to the Service:

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason or no reason, including without limitation for breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.

Proprietary Information:

The Service contains information that is owned by us and/or users of the Service. We assert full copyright protection over the Service. Any information posted by us or by users of the Service may be protected, whether or not it is identified as belonging to us or the user. You agree not to modify, copy, or distribute such information in any way without first receiving express permission from the owner of such information.

No Liability:

WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, OR INDIRECT DAMAGES OF ANY KIND THAT MAY ARISE FROM OR RELATE TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, BUSINESS, OR DATA, OR DAMAGES RESULTING FROM ANY VIRUSES, "TROJAN HORSES," OR OTHER DESTRUCTIVE SOFTWARE OR MATERIALS, OR COMMUNICATIONS FROM YOU OR OTHER USERS OF THE SERVICE, OR ANY INTERRUPTION OR SUSPENSION OF THE SERVICE, REGARDLESS OF THE CAUSE OF SUCH INTERRUPTION OR SUSPENSION. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the last sixty (60) days from the date of your claim. We may discontinue or change the Service or its availability at any time, and you may stop using the Service at any time; please see cancellation details below.

Indemnity:

You agree to indemnify us, our officers, directors, employees, and agents from and against any loss or damage, including without limitation reasonable attorneys’ fees and costs, that we may suffer arising out of your activities or use of the Service, including without limitation any breach by you of this Agreement or any claim or complaint made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Electronic Communications:

By using the Services, you agree to receive electronic communications, for example email, from us or from our subsidiaries and affiliated entities. These communications will include notices about your account and information related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to any requirement that such communications be in writing.

Amendments: We may modify this Agreement from time to time. Notice of changes to this Agreement will be posted on the Service or sent by email, as we may determine in our sole discretion. If you do not agree to any modification, you must immediately stop using the Service. Your continued use of the Service, whether now or after the posting of notice of any changes to this Agreement, will constitute your binding acceptance of this Agreement, or any subsequent modifications.
Disclosure and Other Communications: We reserve the right to send you email for the purpose of informing you of changes or additions to the Service, or of any products and services related to the Company. We reserve the right to disclose information about your use of the Service and demographic data in forms that do not reveal your personal identity.
Complaints: To resolve or report a complaint related to the Service or members using the Service, users must send an email detailing such complaint to contacto@clubsugars.com. The Company agrees to investigate and resolve the issue as quickly and reasonably as possible.

Subscription Fees:

All subscription fees and other charges are all-inclusive and include any VAT in the price. Please note that WE USE AN AUTOMATIC RE-BILLING CYCLE IN ACCORDANCE WITH YOUR SELECTED PAYMENT OPTION. When you purchase a one-month subscription or a shorter subscription to the Site, unless you cancel such membership at least twenty-four (24) hours before its expiration, your subscription will automatically renew at the current monthly subscription rate. If you purchase a three-month or longer subscription to the Site, unless you cancel such membership at least twenty-four (24) hours before its expiration, your subscription will automatically renew at a subscription rate equivalent to the amount you paid for the subscription divided by the number of months in your subscription. Subscription fees for the Site are displayed prior to your subscription. You agree to pay all subscription fees in accordance with these billing terms. At the time of registration, you must select a payment method. The Company reserves the right to engage one or more third parties to process all payments. Such third party may impose additional terms and conditions for payment processing. Please note that your card issuer or banking agreement may contain additional terms regarding your rights and responsibilities. We reserve the right to make changes to our fees and billing methods, including the addition of additional charges for any content or services we may provide, with or without prior notice to you, at any time.

If you reside in the states of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, or Wisconsin, you have the right to cancel your subscription, without any penalty or obligation, within three business days, excluding Sundays and holidays, after the date you became a subscriber. A signed written notice of such cancellation (including your username and the email address used to register for the Services) must be sent by certified mail or personally delivered to our mailing address. Amounts paid under any subscription for dating services will be refunded within 60 days of receipt of the cancellation notice.

Foreign Transaction Fees:

We reserve the right to use credit card processors or banks outside the United States to process your transactions. In some cases, your bank or credit card issuer may charge you a foreign transaction fee or similar fee or charge, which you agree to by using the Site and Services. Before purchasing any service, please check with your bank or credit card issuer for more information about their policies regarding foreign transactions and similar charges and fees.

Billing Errors:

If you believe you have been billed in error, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any statement, such charge will be deemed accepted by you for all purposes, including the resolution of inquiries made by your credit card issuer. You release us from all liability and claims for loss resulting from any error or discrepancy not reported to us within this thirty (30) day period.

Profile Deletion/Deactivation by the User:

You may delete or deactivate your membership at any time by disabling your membership in your membership preferences under "My account". You agree that when you delete your membership with the Service, you will be automatically removed and blocked from the Service. You will not be able to access your account on the Service. You also agree that upon deleting your profile, email and other membership materials will be immediately removed from the Site and such information will be irretrievable. However, if you choose to deactivate your account, you will be able to access your account, but your profile will not be visible on the account and you will not receive email or any other membership materials.

Cancellation of Paid Subscription

Upon processing your request to cancel your subscription, you will continue to have access to the non-public areas of the Service to which you have subscribed until the end of your current subscription commitment period. In the event you cancel your subscription, no refund of fees will be granted; no online time or other credits will be credited to you or may be converted into cash or any other form of refund. You hereby agree to remain personally responsible for all charges incurred by you up to the termination of the subscription through your use of the Service, and your obligation to pay such charges shall survive such termination. Please note that cancellation of your subscription does not cancel your membership to the site and your profile may remain visible to other members despite having cancelled your subscription.

NO WARRANTIES, LIMITATION OF LIABILITY:

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED "AS IS". THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SITE DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE, OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS AND/OR DATA. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU AGREE THAT THE MAXIMUM LIABILITY OF THE SITE TO YOU FOR BREACH OF THIS AGREEMENT OR FOR ANY OTHER REASON SHALL BE LIMITED TO THE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID FOR THE PERIOD OF 60 DAYS PRIOR TO THE CLAIM.

Jurisdiction/Disputes:

This Agreement and all matters arising out of, or relating to these terms and conditions ("Disputes"), shall be governed by the laws of the State of Florida (without regard to conflict of laws principles). The parties agree that any and all such disputes shall be governed by and resolved exclusively through binding arbitration under the Federal Arbitration Act, under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitrator’s award shall be binding and final as provided by law. There shall be one (1) arbitrator appointed by the AAA. Each party is responsible for its own costs in any arbitration, unless otherwise required by law. The arbitration shall take place in Broward County, Florida. THE PARTIES WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO A JURY TRIAL. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES REGARDING THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY JURISDICTION HAVING JURISDICTION THEREOF. This arbitration provision shall survive termination of this Agreement. If any portion of this provision (other than the class action waiver) is deemed unenforceable for any reason, the remainder shall remain enforceable. If the class action waiver is deemed unenforceable for any reason in a case where class allegations have been made, the remainder of this arbitration provision shall not be enforceable. Notwithstanding the foregoing, the parties agree and irrevocably consent that Broward County, Florida, shall have exclusive jurisdiction and shall be the exclusive venue for any dispute.

YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE, YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION, CLASS CLAIM, OR COLLECTIVE ACTION OR CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY, INCLUDING BUT NOT LIMITED TO ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND THE COMPANY SHALL BE LITIGATED INDIVIDUALLY AND THAT YOU SHALL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU MUST OPT OUT OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND IF ANY THIRD PARTY PURSUES CLAIMS ON YOUR BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY MONETARY RECOVERY. THE FOREGOING CLASS ACTION WAIVER PROVISION IS ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE PERMITTED BY LAW TO PROCEED AS A MEMBER OF ANY CLASS ACTION AGAINST THE COMPANY, YOU AGREE THAT YOU WAIVE ANY RIGHT WHATSOEVER TO ATTORNEYS’ FEES OR COSTS, NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY; AND YOU SHALL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY OBTAINED THROUGH SUCH CLASS OR REPRESENTATIVE ACTION.

For Members residing outside the United States, but not in Europe: the AAA International Dispute Resolution Procedures shall govern the arbitration proceedings, and all other terms and conditions of the above provision shall apply. Members hereby expressly acknowledge and agree to this.

For Members residing in Europe: Members should note that the European Commission has established an online platform for alternative dispute resolution that provides an out-of-court method for resolving any related disputes arising from online sales and service contracts. Accordingly, if you are a European consumer, you may use such platform to resolve any dispute arising from the online contract entered into with the Company. The platform is available at the following

Severability:

Except as otherwise provided in the preceding section, if any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions not declared invalid shall nevertheless remain in full force and effect, but shall be interpreted so as to carry out the intent of this Agreement as a whole, notwithstanding such affected provision or provisions.

Termination by the Company:

Without limiting other remedies, the Company may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to and use of the Service, and refuse to provide you with our services at any time, with or without prior notice or explanation and without any refund or other liability, if: (a) the Company believes you have breached any material term of these Terms and Conditions or documents incorporated by reference; (b) you fail to pay any amount due by its due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe your actions may cause legal liability to you, our users, us, or any other person; or (e) the Company decides to cease operations or otherwise suspend any of the Services or parts thereof. In addition, you agree that neither the Company nor any third party acting on our behalf shall be liable to you for any termination of your membership, subscription, or access to the Service. You agree that if your account is terminated by the Company, you will not attempt to re-register as a member without the prior written consent of the Company.

After Termination or Cancellation:

The terms of this Agreement shall survive termination or cancellation, whether by you or by us for any reason, unless otherwise stated.