FlyFeel, LLC. ("we" "us", "FlyFeel") provides the mobile application known as FlyFeel, as well as services related to the website ("the Site”) where such services are subject to your compliance with the terms and conditions set forth in this Agreement. By using the Application or Site, you accept and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the FlyFeel Site or Application.
This Agreement is made between FlyFeel and you, the visitor, the account holder, and/or user of the Site or Services ("you", “member”, or “user”). This Agreement is an electronic contract that establishes the legally binding terms you must accept to access and use the Application, and to become a “User”. We reserve the right at any time to: Change and amend the terms and conditions of this Agreement; Change the Site and/or Application, including eliminating or discontinuing any content on or feature.
A User shall be defined as a person or entity that has registered on the site or application seeking services.
Be sure to review this Agreement periodically to ensure familiarity with the most current version.
2. Acceptable Use Policy/Code of Conduct
While using the Site you agree to comply with all applicable laws, rules and regulations. Please be advised that we prohibit pictures, reviews, or other content (collectively “Content”) that offers sex lessons, illegal sexual activity, posts nudity, expresses profanity or implies and references the use of illegal narcotics.
We strictly prohibit the use of the Application for commercial gain, i.e. use by businesses or Attractions (as defined in section 6) to positively or negatively affect, inflate or deflate, the vibe, energy, or overall reputation of an Attraction. Patently false or intentionally misleading reviews, ratings, or other content will be deleted upon notice and may result in the termination of the perpetrating User.
We also prohibit the content of items or links to items that encourage, promote, facilitate or instruct others to engage in illegal activity. In addition, we may remove content as requested by law enforcement to cooperate with any investigation or to prevent harm to FlyFeel and its users.
- Ensure reliable service to our users
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
- Comply with existing laws
- Maintain our reputation as a responsible service
- Encourage responsible use of our service and discourage activities which reduce the usability and value of our service
- Preserve the privacy and security of individual users
If a User account is used to violate the Acceptable Use Policy or our TOU, we reserve the right to terminate your service without notice. We prefer to advise users of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP or TOU will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
By virtue of the use of this Application and the services provided, Users hereby agree to utilize this website in accordance with the conduct and intent described within this AUP and TOU.
- Violations of Acceptable Use Policy (AUP)
The following constitute violations of this AUP, but are not intended to be an exhaustive and comprehensive list:
- Illegal use. Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
- Harm to minors. Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
- Threats. Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment. Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity. Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
- Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM). Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail or messages is expressly prohibited. Violations of this type will result in the immediate termination of the offending User’s account.
- Unauthorized access. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending User account is subject to immediate termination.
- Collection of personal data. Use of our service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity. Interference with or disruption of other account users, services or equipment is prohibited. A User may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A User may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. We will not tolerate any user attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
- Fraud. Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
- Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution of Viruses. Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Furthermore, you may not copy our content, including but not limited to any of the records or profiles of our Users, and you are prohibited from using any technology, method or scheme to scrape, crawl, reproduce, cache or mirror all or any portion of the contents of our website, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download our content. Should FlyFeel find that you violated the terms of this paragraph or any terms stated herein, FlyFeel reserves the right, at its sole discretion, to immediately terminate your use of the website, your membership and our Services.
We reserve the right to revise, amend, or modify this AUP, our TOU and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOU.
Your right to use FlyFeel is personal to you. You may not sub-license, transfer, sell or assign your right to access or use FlyFeel to any third party without our prior written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Terms.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.
You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your ID and password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the Website), you must promptly change your password and notify us by contacting us by email.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any service or account.
This Agreement shall remain effective until terminated in accordance with its terms. FlyFeel may terminate this Agreement, and/or your access to and use of the Site, Application or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. If, in our sole discretion, we feel your Membership hampers or provides a less-than-satisfactory user experience to the community, we may terminate this Agreement immediately. In addition, we reserve the right, upon 3-business days’ notice, to terminate this Agreement without cause.
Upon termination, you will not have access to your account or any information stored within your account including but not limited to, your profile data, User information, and all other information within your account which is solely accessible through FlyFeel; that is you will still have access to the information on your relevant social media accounts through which you have accessed or registered with FlyFeel as those accounts are not the property of FlyFeel. Nonetheless, you are solely responsible for keeping backup records of any information you want after your account is terminated. We are not responsible for, and will not provide you access to, any information within the account after account termination.
6. FlyFeel Services
The Services offered by FlyFeel consist of a geosocial mobile application wherein Users can post pictures, reviews, and other comments about various destinations, hot-spots, clubs, bars, restaurants, events, and other attractions (hereinafter “Attraction”) as well as rate the overall energy, vibe, and atmosphere of said Attractions by way of a stylized bar – or skyscraper or tower-like – graphic.
Users represent, understand and expressly agree that FlyFeel does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the services actually delivered by any Attraction, nor of the integrity, responsibility or any of the actions whatsoever of the Attraction sponsors, owners, or employees. FlyFeel makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Attractions whether in public, private, or offline interactions.
FlyFeel does not assume any responsibility for the accuracy or reliability of any information provided through this Application, or by Attractions or other Users who use our Services. FlyFeel does not assume and expressly disclaims any and all liability that may result from the use of any information provided through this Application or through Attractions listed on the Application. FlyFeel is not responsible for the conduct, whether online or offline, of any User of this Application.
All Users do hereby expressly agree not to hold FlyFeel (or FlyFeel’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter "Affiliates") liable for any instruction, advice, review, or services delivered which originated through the Application and FlyFeel and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this website, our Services, the information provided through this website and the services provided by or to any User of this website or our Services.
FlyFeel uses the Google Places API to power the locations database and enable search for places. By using FlyFeel, users also are bound by Google’s Terms of Service.
Our Services are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors or anyone under the age of eighteen (18) unless expressly agreed to in writing by a parent or legal guardian.
Users may seek the services or offerings of an Attraction through the use of the Application. FlyFeel is not a party to any agreement between Users and Attractions or those who own, maintain, facilitate or otherwise employ or are employed by said Attractions, but is merely a medium through which the Users connect and share reviews, opinions, and photos of the Attractions. Any issues concerning the services received by a User or payment due to the Attraction must be resolved directly by the User and Attraction.
FLYFEEL WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SERVICES. BY USING THIS APPLICATION AND SERVICE USERS REPRESENT, UNDERSTAND, AND EXPRESSLY AGREE TO HOLD FLYFEEL HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER(S) OF THE APPLICATION OR SERVICE.
9. Information Provided by Users
By posting Content to any public or User area of the Application you represent and warrant that you have the right to grant, and you do grant to FlyFeel, together with its Affiliates and its and their licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorize sublicenses to the foregoing. You further represent and warrant that public posting and use of your Content by FlyFeel will not infringe or violate the rights of any third party. Your use of the Services, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or content made available on the Application or through the Service, but not directly by FlyFeel, are those of their respective authors. Such authors are solely responsible for such content. FlyFeel does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Application or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Application or through the Service. Under no circumstances will FlyFeel or its Affiliates be responsible for any loss or damage resulting from: i) your reliance on information or other content posted on the Application or transmitted to or by any user of the Application or Service; or ii) reviews or comments made about you on the Application by other users.
11. Children's Privacy
FlyFeel takes Children's privacy very seriously. Registering on FlyFeel is intended for people 18 or over, even though many end-users of FlyFeel’s service (i.e., the people who actually take the coaching session) may be children under the age of 18, their parents or guardians will be the only valid registered users on FlyFeel. FlyFeel will not knowingly collect any information from children under 13. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Application. Discovery of misrepresentation will lead to immediate termination of User account.
12. Links to Other Websites
The Application may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Application or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
13. Online Content
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the Application and/or through the Service (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
14. No Warranty
FLYFEEL DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE AND SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY THROUGH OR PUBLISHED ON OUR WEBSITE OR THROUGH OUR SERVICES. UNDER NO CIRCUMSTANCES WILL FLYFEEL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS. WITHOUT LIMITING THE FOREGOING, THIS APPLICATION, OUR SERVICES, THE INFORMATION AND MATERIALS CONTAINED AND MADE AVAILALBLE THROUGH THIS APPLICATION AND THROUGH OUR SERVICES, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE ALL PROVIDED "AS IS" AND "AS AVAILABLE." FLYFEEL DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS CONTENT, INFORMATION AND MATERIALS, NOR THE SERVICES PROVIDED BY ANY ATTRACTION AND FLYFEEL EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SERVICES, INFORMATION, CONTENT, MATERIALS AND SERVICES PROVIDED THROUGH THIS APPLICATION, INCLUDING THE SERVICES PROVIDED BY US OR ANY THIRD PARTY. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, THE INFORMATION, CONTENT, OR MATERIALS PROVIDED THROUGH OR RELATING TO OUR SERVICES. FURTHERMORE, FLYFEEL DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. FLYFEEL DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, FLYFEEL MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR APPLICATION OR ANY THIRD PARTY AFFILIATED WITH OR WHOSE SERVICES ARE OFFERED THROUGH OUR APPLICATION, TO PROVIDE SERVICES.
UNDER NO CIRCUMSTANCE IS FLYFEEL, INC., OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE OR ANY CHANGE IN THE FUNCTIONALITY OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT.
Although each member must agree to our terms and conditions, we cannot and do not guarantee the material and content posted by each member to be true and warranted. We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Application by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Application and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Application, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Application. Please carefully select the type of information that you post on the Application or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SITE OR OTHERWISE.
16. Statue of Limitations
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED 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.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of (a) your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), (b) any postings or Content you post on the Application or as a result of the Service, and (c) the violation of any law or regulation by you. 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 will fully cooperate with the Company in connection therewith.
18. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by FlyFeel or one of its subsidiaries and or affiliates infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to us by emailing us. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
As a User, you hereby grant us permission and a worldwide non-exclusive license to use your name(s), group name, location(s), services, approved photograph and/or likeness(es) and biographical materials solely in connection with the promotion, marketing and advertising of FlyFeel. This license shall survive one year after termination of your account.
20. Ownership and Restrictions on Use
FlyFeel, Inc. All Rights Reserved. The Application and Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Application solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Application in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or Application.
"FlyFeel.com", "FlyFeel", tag line and logo are all trademarks and/or service marks of FlyFeel. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
21. Notice of Trademark Rights
22. Jurisdictional Issues
The Application is solely directed to individuals residing in the United States. We make no representation that materials in the Application are appropriate or available for use in other locations. Those who choose to access the Application from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Application and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
23. MANDATORY ARBITRATION OF DISPUTES
ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE USER AND THE COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the American Arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.
THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION.
If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees.
THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS OR OF AN ARBITRAL TRIBUNAL IN THE STATE OF NEW JERSEY.
24. Waiver and Severability
If either party does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties. The rest of this Agreement shall remain in full force and effect. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement shall survive said termination.
25. Entire Agreement
This Agreement contains the entire agreement between you and the Company regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. There shall be no third party beneficiaries to this Agreement.
26. Safety Precautions for Meeting Offline
Always take precautions and use the following guidelines when meeting anyone in person or going to any unusual or strange location.
- Always try to meet in public. Meet for the first time in a populated, public location—never in a private or remote location.
- Tell a friend. Inform a friend or family member of your plans and when and where you’re going. If you own a cellular phone, make sure you have it with you.
- Drive yourself to and from the first meeting.
- Do not leave personal items unattended. You don’t want to risk having personal information stolen.
Above all, remember to use your common sense.