SINGLE AND SOBER TERMS OF USE AGREEMENT

Single and Sober is the service for single, sober adults to meet each other online, operated by Single and Sober, LLC (the “Company” or “Single and Sober”).

By accessing the Single and Sober website, including accessing any mobile version of the Website or Single and Sober application (together, the “Website”), you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of the Website (a “Member”) or subscribe to the Single and Sober dating service (the “Service”).

The Single and Sober Privacy Policy is also incorporated by reference into this Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, please do not use the Website or the Service.

1. Acceptance of Terms of Use Agreement

a. This Agreement is a contract that establishes the legally binding terms you must accept to use the Website and Service. For purposes of this Agreement, a Member is a person who provides information to the Company on the Website or participates in the Service in any manner, whether such person uses the Service for free or a paid subscriber.

b. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website.

2. Eligibility

a. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER AS A MEMBER OR USE THE SERVICE. To register as a Member or use the Service, you must also (i) be single or separated from your spouse, and (ii) not be an abuser of drugs or alcohol. Any use of the Website or Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

b. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender by or with any government entity. If you access the Website or use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you make such access or use.

3. Membership, Subscription, and Payment

a. You may register as a Member at no cost. As a Member, you may create a free profile and be able to browse other Members’ profiles, but you will not be able to access additional features associated with the Service. To access or use additional features, including the ability to communicate with other Members, you must become a paying subscriber to the Service. You acknowledge and agree that (i) if you are not a subscriber, you will not be able to use all the features available within the Website and Service, including communicating with other Members, and (ii) non-subscribing Members will not be able to use the Service to communicate with you. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that, although a Member’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.

b. To use all features of the Website, you must subscribe to the Service. The fee for a subscription to the Service shall be $9.99 for a one month subscription, $24.99 for a three month subscription and $39.99 for a 6 month subscription. A subscription begins on the date Single and Sober receives payment from you of the applicable subscription fee. The Company reserves the right to change the subscription fee at its sole discretion and for any reason. A Member will not be entitled to any refund for a subsequent fee change by the Company. We have a strict NO refund policy. Please search for members in your area before paying for a membership.

c. The Company bills you through an online account (your “Payment Account”) for use of the Service. You agree to pay the Company all charges at the price you agreed to for any use of the Service by you or other persons using your Payment Account, and you authorize the Company to charge your chosen payment provider for the Service. You agree to make payment using the payment method you select. If you reverse a payment to the Company, the Company has discretion to terminate your account immediately.

d. Your subscription will continue indefinitely until and unless you cancel it. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Account” on the Website and follow the directions for subscription modification or termination. Click here for directions to cancel your subscription and delete your profile.

e. If you cancel your subscription, you may use your subscription until the end of your existing subscription term. Your subscription will not be renewed after the existing term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your selected payment method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may apply to your subscription payments.

f. You must provide current, complete, and accurate information for your Payment Account. If your Payment Account information changes, you must promptly update it (such as a change in billing address, credit card number, or expiration date). You agree to promptly notify the Company if your selected payment method is canceled, if you lose your credit/debit card or it is stolen, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to payment information can be made in your “My Account” on the Website. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Payment Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.

4. Term and Termination

a. This Agreement will remain in effect so long as you subscribe to the Service or are a Member.

b. You may change or cancel your membership at any time, for any reason, by following the instructions on the “Account Settings” page. You may also cancel your membership by sending the Company written notice of cancellation to Single and Sober, 3200 S Litzler Dr.; Bld 15-106; Flagstaff, AZ 86005 or by email notice of cancellation to admin@singleandsober.com. If you cancel your membership, your profile will be removed from the Website.

c. You may also cancel a subscription to the Service at any time by following the instructions on your “My Account” page. Canceling a subscription does not automatically delete your profile. If you are a subscriber and you cancel your subscription but not your profile, you will continue to be a Member in the Service and others may view your profile, unless you delete your profile. A Member can hide his or her profile at any time by following the instructions contained on the FAQ page.

d. If you cancel your subscription, the Company requires a reasonable amount of time to process the cancellation. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription period, following which your subscription benefits will terminate and your account will be downgraded. However, in no event will you be eligible for a refund of any portion of the subscription fee paid for your subscription commitment.

e. The Company may terminate or suspend your membership or subscription to the Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose the reason for the termination or suspension of your account.

f. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

5. Modifications to Service

The Company reserves the right at any time to terminate or modify, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or termination of the Website or Service.

6. Non-commercial Use by Members

The Website and Service is for personal use only. Members may not use the Website or Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Organizations and businesses may not use the Service or the Website for any purpose. The Company may investigate and take legal action in response to illegal or unauthorized uses of the Website or Service, including collecting usernames or email addresses of members by electronic or other means for the purpose of sending spam email.

7. Account Security

You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities, including but not limited to any purchases and posts, that occur or are made under your username and password. You agree to immediately notify the Company of any unauthorized use of your username or password or any other breach of security.

8. Your Personal Security

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDUCT, BACKGROUND, HISTORY, SAFETY, OR MOTIVATIONS OF ANY MEMBERS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN PERSONAL SAFETY. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS OR SCREENINGS OF ITS MEMBERS OR INVESTIGATE WHETHER ANY MEMBER IS TRULY SINGLE OR SOBER. THE COMPANY DOES NOT RESEARCH THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY ANY STATEMENTS MADE BY ITS MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME FOR ANY REASON.

In no event will the Company be liable for any losses or damages, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising out of or relating to your conduct or the conduct of anyone else in connection with the use of the Website or Service, including but not limited to death, bodily injury, emotional distress, or any other damages resulting from communications or meetings with other Members or persons you meet through the Service or Website. You agree to take all necessary precautions in your interactions with other Members, particularly if you decide to communicate outside the Website or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money or property to another Member.

9. Intellectual Property Ownership and License

a. The Company owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains copyrighted material, trademarks, and other proprietary information owned by the Company. You agree to not copy, modify, transmit, create any derivative works from, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the Company.

b. By posting, uploading, or transmitting email, video, photographs, recordings, or profile text, whether publicly posted or privately transmitted (collectively, “Content”) on or through the Website or as part of the Service, you automatically grant to the Company, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify, and distribute the Content, (ii) prepare derivative works from the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

10. Content Restrictions

a. You are solely responsible for the Content you post, upload, publish, link to, transmit, record, display, or otherwise make available (collectively, “post’) on the Website or Service or transmit to other Members. You may not post on the Website or as part of the Service, or transmit to the Company or any other Member, any offensive, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

b. You may not post any telephone numbers, street addresses, last names, URLs, or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the Website may be viewed by any person visiting the Website or participating in the Service.

c. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading, or false.

d. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. The Company may delete any Content, in whole or in part, for any reason at the Company’s sole discretion.

e. In addition to the types of Content described in Section 10(a) above, the following are examples of the types of Content that are prohibited on the Website. You may not post or otherwise make available Content that:

i. depicts alcohol, illegal drugs, or the use thereof;

ii. is pornographic;

iii. contains video, audio, photographs, or images of any person under the age of 18, or of any person over the age of 18 if posted without his or her permission;

iv. promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

v. advocates harassment or intimidation of another person;

vi. requests money from, or is intended to defraud, any user of the Website or Service;

vii. constitutes junk mail or spam;

viii. is false or misleading, or defamatory, libelous, or otherwise objectionable;

ix. contains or links to an unauthorized copy of another person’s copyrighted work, such as pirated software, images, audio, or video;

x. provides material that exploits people in a sexual, violent, or other illegal manners;

xi. solicits personal information from anyone under the age of 18;

xii. contains viruses, trojans, worms or other code that can harm or disrupt a computer or device or allow unauthorized access to or control of any computer or device;

xiii. publicizes or promotes commercial activities or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising, and independent product distribution offers.

f. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY CAN REMOVE ANY CONTENT FROM THE WEBSITE OR SERVICE AT ITS SOLE DISCRETION FOR ANY REASON WHATSOEVER WITHOUT NOTICE TO YOU.

g. The Company reserves the right to take legal action against anyone who violates this Section, including terminating or suspending the membership of any violator.

h. Your use of the Website and Service, including all Content you post through the Website or Service, must comply with all applicable laws and regulations. You agree the Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such action is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property, or personal safety of the Company or any other person.

11. Misuse of Website or Services

The Company reserves the right, in its sole discretion, to suspend or terminate your membership and report your conduct to the applicable legal authorities if the Company believes you have misused the Website or Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Website but involve Members you meet through the Website or Service. This includes, but is not limited to, any of the following: (i) impersonating any other person; (ii) soliciting money or property of any kind from Members; (iii) stalking or harassing any person; (iv) posting or transmitting prohibited Content; (v) taking any other actions described as prohibited in this Agreement.

12. Digital Millennium Copyright Act Policy

The Company has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed through the Website or the Service, please contact:

Thomas E. Dietrich, Esq.
Re: Single and Sober Copyright Notice
Mangum, Wall, Stoops & Warden, PLLC
100 N. Elden St.
Flagstaff, AZ 86001
fax 928.773.1312

Any written notice of copyright infringement must include all of the following information:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

d. Contact information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.

e. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A written notice that does not contain each of these required elements will not be reviewed or responded to by the Company. The Company will terminate the accounts of repeat infringers.

13. Communications and Notices

a. When you become a Member, you agree and consent to receive emails from us. Emails may relate to the Website or Service, such as administrative notices and service announcements or changes, or emails may contain commercial offers, promotions or special offers from us or third party partners. See our Privacy Policy for more information on promotional communications.

b. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, text message, or postings on the Website.

14. Disclaimers

a. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for, and shall not have any direct or indirect liability for, any loss or damage, including personal injury or death, arising from or relating to (i) your use of the Website or Service; (ii) any Content posted on the Website or provided in connection with the Service, whether caused or posted by Members or the Company; (iiI) the timeliness, deletion, or removal, incorrect delivery or failure to store any Content, communications, or account settings; (iv) the conduct, whether online or offline, of any Member; (v) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any Member communications; and (vi) any problems, failure, or technical malfunction of any software or hardware relating to the Website or Service.

b. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE COMPANY PROVIDES THE WEBSITE AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND OFFERS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.

c. ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE VIEWED OR OBTAINED THROUGH YOUR USE OF THE SERVICE OR WEBSITE, OR THROUGH USE OF YOUR MEMBER ACCOUNT, IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO, ANY DAMAGE TO YOUR COMPUTER OR DEVICE THAT RESULTS OR MAY RESULT FROM ACCESSING ANY SUCH MATERIAL.

d. Any advice that may be posted on the Website or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Contact a professional provider if you need assistance with a specific situation.

15. Links

The Website and Service may contain advertisements and promotions offered by third parties and links to other web sites or resources external to the Website or Service. You acknowledge and agree that the Company does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials advertised or available from such third party websites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss arising from or relating to the use of, or reliance upon, any such content, information, statements, advertising, goods or services, or other materials available on or obtained through any such third party website or resource.

16. Limitation on Liability

a. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OR MEMBERSHIP OF THE WEBSITE OR SERVICE.

b. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

c. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING FROM OF OR RELATING TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. Arbitration

a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website will be BINDING ARBITRATION administered by the American Arbitration Association.

b. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but arbitration proceedings are usually less complex and more streamlined than trials. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Coconino County, Arizona. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

18. Indemnification Obligation

To the extent permitted under applicable law, you agree to defend, indemnify and hold harmless the Company from and against any third party claims, losses, damages, settlements, penalties, fines, costs, or expenses (including reasonable attorneys’ fees) that arise from or relate to (i) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (ii) any Content you post on the Website or Service, and (iii) your violation of any law or regulation. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with the Company in connection therewith.

19. Miscellaneous Terms

a. Governing law. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Arizona without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

b. Entire agreement. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website and the Service.

c. Survival of terms. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

d. No waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

e. Assignment. The Company may assign or transfer this Agreement at any time for any reason without notice. You agree that your online account is non-transferable and not assignable and your rights to your profile or contents within your account, if any, terminate upon your death.

f. Amendment. This Agreement is subject to change by the Company at any time at the Company’s sole discretion. Notice of any changes will be given as provided in Section 14 regarding Notices. The revised terms will be effective upon posting on the Website and your access to the Website or use of the Service after such posting, whichever occurs first, will constitute acceptance by you of the revised Agreement.

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