Effective Date: October 2020
You are at least 18 years old;
You are legally qualified to enter a binding contract with DamagedGoodsDatingClub;
You are single or separated from your spouse;
You are not prohibited by law from using our services;
You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, you must immediately delete your account.
Compliance with these Terms, and reviewing this page from time to time to ensure you are aware of any change(s);
Compliance with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use of the latest version of the Website and/or App;
Treating other users in a courteous and respectful manner, both on and off our website;
Being respectful when communicating with any of our customer care representatives or other employees;
Maintaining a strong password and taking reasonable measures to protect the security of your login information.
Misrepresent your identity, age, or any other material information;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Servicesâ€™ networks;
Use our Services for any harmful, illegal, or nefarious purpose;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another personâ€™s personal information without his or her permission;
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
Use another userâ€™s account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Damaged Goods Dating Clubâ€™s prior written consent;
Express or imply that any statements you make are endorsed by Damaged Goods Dating Club;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, â€œdata mine,â€ or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network; or
Encourage, promote, or agree to engage in any activity that violates these Terms.
Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
Is defamatory, libelous, or untrue;
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, â€œsugar daddyâ€ or â€œsugar babyâ€ relationships, links to other websites or premium line telephone numbers);
Involves the transmission of â€œjunkâ€ mail or â€œspamâ€;
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Damaged Goods Dating Club or otherwise;
Infringes upon any third partyâ€™s rights (including, without limitation, intellectual property rights and privacy rights);
Includes the image or likeness of another person without that personâ€™s consent (or in the case of a minor, the minorâ€™s parent or guardian), or is an image or likeness or a minor unaccompanied by the minorâ€™s parent or guardian;
Is inconsistent with the intended use of the Services; or
May harm the reputation of Damaged Goods Dating Club.
The uploading or sharing of content that violates these terms (â€œProhibited Contentâ€) may result in the immediate suspension or termination of your account.
If we believe you are abusing Damaged Goods Dating Club and/or our Services in any way, including offering or referencing your contact information in the context of buying or selling outside of Damaged Goods Dating Club, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
Furthermore, we may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
You will have the opportunity to purchase products and services from Damaged Goods Dating Club. If you purchase a subscription, it will automatically renew at the same price and time period you agreed to when subscribingâ€”and you will be charged to the credit card previously providedâ€”until you expressly cancel through the user control panel.
If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must actively opt to remove your profile through the user control panel.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Damaged Goods Dating Club may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Damaged Goods Dating Club subscription.
You may edit your Payment Method information through the user control panel. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (â€œYour Contentâ€); (ii) content that other users upload or provide while using our Services (â€œMember Contentâ€); and (iii) content that Damaged Goods Dating Club provides on and through our Services (â€œOur Contentâ€). In this agreement, â€œcontentâ€ includes, without limitation, all text, images, video, audio, or other material on our Services, including information on usersâ€™ profiles and in direct messages between users.
You are responsible for Your Content. Donâ€™t share anything that you wouldnâ€™t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
You own all of the content you provide to Damaged Goods Dating Club, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Damaged Goods Dating Club a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Damaged Goods Dating Clubâ€™s license to Your Content shall be non-exclusive, except that Damaged Goods Dating Clubâ€™s license shall be exclusive with respect to derivative works created through use of our Services. For example, Damaged Goods Dating Club would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Damaged Goods Dating Club can prevent the use of Your Content outside of our Services, you authorize Damaged Goods Dating Club to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. Â§ 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Damaged Goods Dating Club is not obligated to take any action with regard to use of Your Content by other users or third parties. Damaged Goods Dating Club license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
You agree that Damaged Goods Dating Club may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Servicesâ€™ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
Damaged Goods Dating Club owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content, and we reserve all other rights.
Damaged Goods Dating Club does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the â€œReport a Concernâ€ link on a userâ€™s profile or at the bottom of every email. You may also email our Customer Service department.
The site may allow you to provide written feedback on one or more aspects of the site. If you choose to provide such feedback, the Company may use such feedback to alter or improve the site and its associated functionality. The Company has no duty to view or use any feedback you provide, nor to attribute any feedback to you. You will not be compensated for any feedback you submit.
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Damaged Goods Dating Club, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Damaged Goods Dating Club takes no responsibility and assumes no liability for any content provided by you or any third party.
You also agree that Damaged Goods Dating Club is not responsible for examining or warranting the content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a user, you agree to ensure that content directly associated with your listings is accurate.
The name "Damaged Goods Dating Club" and other Damaged Goods Dating Club marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Damaged Goods Dating Club. They may not be used without the express written prior permission of the Company.
If your Damaged Goods Dating Club account becomes inactive for over twelve
(12) months, the Company reserves the right to terminate your Damaged Goods Dating Club account and anonymize the personal information associated with your Damaged Goods Dating Club account. If your Damaged Goods Dating Club account is terminated or anonymized, then you will lose access to your Damaged Goods Dating Club account and all associated data. Once your Damaged Goods
Dating Club account has been terminated or anonymized, you will be required to create a new account for further use of the Services.
At all times, including while your Damaged Goods Dating Club account remains active or inactive and thereafter, the Company reserves the right to retain all data generated via Damaged Goods Dating Club in non-personally identifiable format for the Company's research, product development, and other business purposes, also sharing this aggregate or anonymous information with any third parties that either operate this site or administer activities on the Companyâ€™s behalf.
Furthermore, this site may contain links to other websites. As such, the Company is not responsible for the privacy practices or the content of such websites or for the privacy policies and practices of other third parties or for any potential damages arising out of or in connection with the site to which it is linked. Your navigating to any unrelated site is at your own risk. The existence of a link between this site and any other website is not and should not be construed as an endorsement by the Company, and it is strictly prohibited to link other sites with this site without the Companyâ€™s prior written authorization.
If Damaged Goods Dating Club provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Cookies are small text files that are placed on your computer by websites that you visit. They are widely used for enhancing user experience, as well as to provide information to the owners of the site.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set, visit www.aboutcookies.org or www.allaboutcookies.org.
Damaged Goods Dating Club does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.
YOU UNDERSTAND THAT DAMAGED GOODS DATING CLUB DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. DAMAGED GOODS DATING CLUB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. DAMAGED GOODS DATING CLUB RESERVES THE RIGHT TO CONDUCTâ€”AND YOU AUTHORIZE DAMAGED GOODS DATING CLUB TO CONDUCTâ€”ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY DAMAGED GOODS DATING CLUB, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Damaged Goods Dating Club strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to circumstances beyond Damaged Goods Dating Club's control.
The Company will use commercially reasonable efforts to make Damaged Goods Dating Club available at all times except for planned downtime and unavailability caused by circumstances beyond the Company's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labor problems, equipment malfunctions, power failures or Internet service provider failures.
Notwithstanding any of the foregoing, you have no expectation regarding the availability of Damaged Goods Dating Club; the Company reserves the right to make Damaged Goods Dating Club unavailable, either temporarily or permanently, by providing written notice via the site, and you agree that your use of Damaged Goods Dating Club is not contingent upon the delivery of any additional functionality or any additional support from the Company.
Furthermore, you agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non- infringement.
DAMAGED GOODS DATING CLUB TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES DAMAGED GOODS DATING CLUB TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH DAMAGED GOODS DATING CLUB. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE
In addition, to the extent permitted by applicable law, we (including our officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from the following:
the content you provide (directly or indirectly) using the Services;
your use of or your inability to use our Services;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Damaged Goods Dating Club Service;
a suspension or other action taken with respect to your account or breach of the Abusing Damaged Goods Dating Club Section above;
the duration or manner in which your content appear in search results; or
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
If you have a dispute with one or more users, you release us (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our officers, directors, employees and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Damaged Goods Dating Club Services or your breach of any law or the rights of a third party.
If your account is terminated by you or by Damaged Goods Dating Club for any reason, these Terms continue and remain enforceable between you and Damaged Goods Dating Club, and you will not be entitled to any refund for purchases made.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancelâ€”You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DAMAGED GOODS DATING CLUB HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Damaged Goods Dating Club agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Damaged Goods Dating Club (including any claim or dispute between you and a third-party agent of Damaged Goods Dating Club) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Damaged Goods Dating Club or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Damaged Goods Dating Club, except as otherwise stated in this User Agreement.
You and Damaged Goods Dating Club each agree that any and all disputes or claims that have arisen, or may arise, between you and Damaged Goods Dating Club (including any disputes or claims between you and a third-party agent of Damaged Goods Dating Club) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of Damaged Goods Dating Club or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
YOU AND DAMAGED GOODS DATING CLUB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND DAMAGED GOODS DATING CLUB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Damaged Goods Dating Club's right to appeal the court's decision. All other claims will be arbitrated.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and
Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice. The Notice to Damaged Goods Dating Club should be sent to Damaged Goods Dating Club Re: Notice of Dispute, 1921 Bridgewood Way; Modesto, CA 95355. Damaged Goods Dating Club will send any Notice to you to the physical address we have on file associated with your Damaged Goods Dating Club account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Damaged Goods Dating Club are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Damaged Goods Dating Club may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Damaged Goods Dating Club at the following address: Damaged Goods Dating Club, 1921 Bridgewood Way; Modesto, CA 95355. In the event Damaged Goods Dating Club initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Damaged Goods Dating Club account. Any settlement offer made by you or Damaged Goods Dating Club shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000
or less, you or Damaged Goods Dating Club may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Damaged Goods Dating Club subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Damaged Goods Dating Club may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Damaged Goods Dating Club user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Damaged Goods Dating Club for all fees associated with the arbitration paid by Damaged Goods Dating Club.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non- Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN
OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO DAMAGED GOODS DATING CLUB RE: OPT-OUT NOTICE, 1921 BRIDGEWOOD WAY; MODESTO, CA 95355.
You must complete the Opt-Out Notice by your full name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Damaged Goods Dating Club Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Notwithstanding any provision in the User Agreement to the contrary, you agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Damaged Goods Dating Club prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Damaged Goods Dating Club. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.DamagedGoodsDatingClub.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Damaged Goods Dating Club must be resolved exclusively by a state or federal court located in Stanislaus County,
California. You and Damaged Goods Dating Club agree to submit to the personal jurisdiction of the courts located within Stanislaus County, CA for the purpose of litigating all such claims or disputes.