Terms and Conditions

Last Updated: February 18, 2020

Thank you for your interest in www.charmrdates.com! This website is provided by Charmr, INC., a Washington Corporation (“Charmr, INC”, “us” or “we”). These Terms of Service (these “Terms”), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Website. These Terms constitute a legal agreement between you and Charmr, INC. In order to use the Website you must agree to these Terms.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Website in any manner, and each of your heirs, assigns, and successors.

If you use the Website on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE WEBSITE. THE COMPANY REQUIRES ALL USERS TO UNDERTAKE TO ABIDE BY THE PRIVACY POLICY AND THESE TERMS & CONDITIONS.

SERVICE. Charmr, INC provides a web based dating service whereby users can connect with other potential dating matches. This service requires voluntary participation. This service is not to be used by any individuals under 18 years old. If you become a Member, you will be able to access the Services associated with the Company product(s) for which you hold a Membership. If you meet certain requirements, the Company may in its discretion make your profile visible to Users of other Websites and Apps operated by the Company for which you do not have a Membership.

ACCOUNTS AND SECURITY. To access the Services, you must have an account. You must maintain and are responsible for, the confidentiality of your login and password. If requested, you must provide us with a form of identification to verify your identity. The Services are open to everyone – subject to approval of an Website by the Company according to these Terms & Conditions.

You may not use our Services if:

  1. You do not have the Consent of any party.

  2. Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information;

  3. You have ever been convicted of a violent or sexually related criminal offense.

  4. We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.

  5. You have previously been banned from using our Services or similar services.

  6. The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organized by the Company or by others using the Services.

CONDITIONS OF ADMISSION. You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services. If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.

CONDITIONS OF ACCESS.

  1. You shall select a username and a password when signing up to our Services.

  2. You may be required to verify that each party is consenting to services via email.

  3. When you sign up, you will become a Member of the particular brand of the Services for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member without specific registration.

  4. Your username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.

  5. All Users undertake not to use another Member’s username or password, or any other personal information of another User.

  6. We also ask for your Pet’s name and information. This pet must be yours.

  7. Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party.

  8. Each Member shall take care not to disclose strictly personal information.

  9. We will take any necessary measures to halt fraudulent behaviour, including to prevent the prohibited sharing of usernames or passwords.

  10. We reserve the option of removing:

  1. Information published or present on the Websites for more than 6 months;

  2. The account of a Member which has not been used for more than 6 months after the end of a subscription or has never been used after admission to Membership, after verification that no subscription is in progress.

  1. Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software Websites, etc.

PAID FEATURES. You may purchase a paid Membership for one or more of the products offered by the Company. Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically.

  1. The price and payment procedures are permanently accessible on the Websites.

  2. All prices stated include all relevant local taxes.

  3. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.

  4. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.

AUTOMATIC RENEWAL. We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.

CANCELLATION OF FREE MEMBERSHIP. You may cancel your free Membership at any time. You may cancel by logging into your account on the Websites and following the links, or by writing to Customer Care at support@charmrdates.com.

CANCELLATION OF AUTOMATIC RENEWAL. If you are a paying Member and you did not cancel your paid you may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid Membership, YOUR PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED IN ACCORDANCE WITH THESE TERMS & CONDITIONS (WHERE ALLOWED BY APPLICABLE LAW).

THE CANCELLATION OF YOUR PAID MEMBERSHIP WILL BE EFFECTIVE UPON THE EXPIRY OF THE RELEVANT PAID PERIOD AND YOU WILL HAVE FULL USE OF OUR SERVICES UNTIL THAT TIME. NO REFUND IS APPLICABLE UNLESS APPLICABLE LAW OR THESE TERMS & CONDITIONS OTHERWISE PROVIDE.

CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY. If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.

If we cancel a Member’s Membership in its sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.

COLLECTION AND RETENTION OF PERSONAL INFORMATION. We are bound by European privacy laws. We explain what we do and don’t do with your data in our Privacy Policy.

CHANGES. The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.

  1. You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites and/or the Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.

  2. You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Services.

  3. You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.

LICENSE, RESTRICTIONS AND CONDITIONS OF USE. Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:

  1. Install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications;

  2. Install any or all of the Desktop Apps on one or more computers which are owned by you, are under your control and which meet the Company’s minimum specifications; and

  3. View, review and utilize the Apps and any related information provided to you by the Company.

You agree not to access, or attempt to access, the Services by any means other than through the Websites or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).

You agree that you will not, in connection with your use of the Apps, the Websites and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.

You shall not connect to or use the Apps, the Websites and/or the Services in any way that is not expressly permitted by these Terms & Conditions.

You may not:

  1. remove any proprietary notices from the Services or any copy of software provided to you by the Company (“Software”);

  2. cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Services or any Software;

  3. sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or

  4. Make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Websites or the Services.

  5. Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:

  6. engage in any activity that:

  1. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

  2. is defamatory, obscene, pornographic, vulgar or offensive;

  3. is violent or threatening or promotes violence or actions that are threatening to any other person;

  4. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;

  5. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

  6. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;

  7. constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or

  8. is otherwise contrary to applicable laws and regulations;

  1. disseminate any personal information of any other User, including any contact details or similar, without that User’s consent;

  2. institute, assist, or become involved in any type of attack, including, without limitation, denial of service attacks, upon the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);

  3. attempt to obstruct, disrupt or interfere with the operation of the Apps, the Websites and/or the Services or any other person’s or entity’s use of the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);

  4. attempt to gain unauthorized access to the Apps, the Websites, the Services, accounts registered to other Users, or any servers, systems or networks connected to the Apps, the Websites and/or the Services;

  5. use the Apps, the Websites and/or the Services to

  1. develop, generate, transmit or store information that is unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; or

  2. Perform any unsolicited commercial communication not permitted by applicable law.

  3. Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.

We conduct regular of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.

We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.

The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section 18 or any other terms of these Terms & Conditions.

We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.

LINKS TO OTHER WEBSITES. Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience. The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them. If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites. Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.

INTELLECTUAL PROPERTY OWNERSHIP. The Website, and the media and materials contained in the Website, including all intellectual property rights in the Website, are the sole and exclusive property of Charmr, INC and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Charmr, INC in these Terms are expressly reserved.

DISCLAIMER OF WARRANTIES. You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk. The Apps, the Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).

To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Websites and/or the Services.

You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL , THE COMPANY, ITS SUBSIDIARIES OR HOLDING COMPANY, ANY SUBSIDIARY OF ANY SUCH HOLDING COMPANY, AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, WHETHER INDIVIDUALLY OR COLLECTIVELY (THE “RELATED PARTIES”), BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT CONDUCT BACKGROUND CHECKS ON MEMBERS REGISTERING FOR THE SERVICES IN ANY WAY. ANY ATTEMPT BY US TO SCREEN MEMBERS IS NOT A GUARANTEE OF SAFETY ON THE WEBSITE. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY ON THE WEBSITE AND WHEN MEETING OTHER MEMBERS IN PERSON.

THE RELATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL ARISING OUT OF THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICES, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OR TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE LIMITATIONS IN THIS CLAUSE, THE RELATED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF YOUR MEMBERSHIP OR SUBSCRIPTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, THE RELATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

You further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

FORCE MAJEURE. For the purposes of this clause, “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other. The Company will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.

INDEMNIFICATION. You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:

  1. Any of your data posted or otherwise provided on the Services

  2. Your use of the Services and your activities in connection with the Services, including your communications and meetings with Members you meet through the Services

  3. Your breach or alleged breach of this Agreement or any additional terms

  4. Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services

  5. Information or material transmitted through your computer or other devices, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity

  6. Any misrepresentation made by you; and the Related Parties’ use of the information that you submit to us (including your Material) (all of the foregoing, “Claims and Losses”).

You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.

DISPUTE RESOLUTION; ARBITRATION. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CHARMR, INC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

BINDING ARBITRATION. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, you and Charmr, INC agree (a) to waive your and Charmr, INC’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Services (including, without limitation, Third Party Purchases), resolved in a court, and (b) to waive your and Charmr, INC’s respective rights to a jury trial. Instead, you and Charmr, INC agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS. You and Charmr, INC agree that any Dispute arising out of or related to these Terms or the Sites, Content or Services is personal to you and Charmr, INC and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Charmr, INC agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Charmr, INC agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

FEDERAL ARBITRATION ACT. You and Charmr, INC agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

NOTICE; INFORMAL DISPUTE RESOLUTION. You and Charmr, INC agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Charmr, INC shall be sent by certified mail or courier to:

Support@charmrdates.com

Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Charmr, INC account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with this agreement and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Charmr, INC cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Charmr, INC may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for or, file a claim in court.

PROCESS. EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND CHARMR, INC AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR CHARMR, INC WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND CHARMR, INC WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Charmr, INC agree that (a) any arbitration will occur in the State of Washington , (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Washington and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

AUTHORITY OF ARBITRATOR. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

RULES OF JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge or agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

OPT-OUT RIGHT. You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by writing to: [ADDRESS] In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

WAIVER OF JURY TRIAL. With the exception of your agreement to waive any right to a jury trial or to participate in a class action, if any other provision in this Section is held to be illegal, invalid or unenforceable, such provision shall be fully severable, this Section shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this section, and the remaining provisions of this section shall remain in full force and effect. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as part of this Section a legal, valid and enforceable provision as similar as possible to the former provision.

ENTIRE AGREEMENT. These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and the Company. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

NO PARTNERSHIP. The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.

WAIVER. No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

ASSIGNMENT. The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

GOVERNING LAW AND VENUE. These Terms, your access to and use of the Sites and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the Website of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Washington and the United States, respectively, sitting in the State of Washington.