Terms of Service 7/30/2016
1. Your Acceptance
This is an agreement between CADG Partners LLC. ("Consent Amour"), the owner and operator of www.ConsentAmour.com (the "Consent Amour Site"), and the Consent Amour technology and services (collectively, the "Service"), and you ("you" or "User"), a user of the Service.
BY USING THE SERVICE, INCLUDING ANY PRODUCT, FORM OR AGREEMENT, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS OF SERVICE ("Terms") WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICE. These Terms govern your access to and use of the Service and constitute a binding legal agreement between you and Consent Amour.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY POSTING ANY CONTENT FROM, ON OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT REGISTER AS A USER AND YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
THE SERVICE CONSISTS OF TECHNOLOGY, TOOLS, FEATURES AND PRODUCTS THROUGH WHICH USERS MAY COMMUNICATE, MAY REACH UNDERSTANDINGS ON PRIVACY AND OTHER ISSUES, AND MAY PROVIDE OTHER USERS AN EXPRESSION OF THEIR CONSENT TO ENGAGE IN VARIOUS CONDUCT. IF A USER CHOOSES TO INTERACT ON OR THROUGH THE SERVICES WITH ANY OTHER USER, THE USERS’ RELATIONSHIP IS STRICTLY WITH THE OTHER USER. YOU UNDERSTAND AND AGREE THAT CONSENT AMOUR IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. CONSENT AMOUR HAS NO CONTROL OVER THE CONDUCT OF USERS OF THE SERVICES, OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
THE SERVICE ALLOWS PARTIES TO COMMUNICATE, SHARE INFORMATION, EXPRESS THEIR UNDERSTANDING OF MATTERS, AND PROVIDE THEIR CONSENT TO ENGAGE IN ACTIVITIES WITH EACH OTHER. THERE IS NO GUARANTEE THAT ANY COMPLETED FORM OR AGREEMENT, OR OTHER USE OF THE SERVICES, WILL BE ADMISSIBLE AS EVIDENCE IN ANY LEGAL OR OTHER PROCEEDING, AND CONSENT AMOUR EXPRESSLY DISCLAIMS ANY SUCH GUARANTEE.
2. Eligibility; Digital Signature
The Services are intended solely for persons who are 18 or older and you are legally able to enter into a contract. By accessing or using the Services you represent and warrant that that you are not legally prohibited from receiving or using the Services under the laws of the country in which you access or use the Service.
By registering for a User Account, or by clicking to accept these Terms, you are deemed to have executed these Terms electronically; effective on the date you register your Account, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your creating of a User Account constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms, and any amendments.
3. Third Party Links
Information provided by our users through the Service may contain links to third party websites that are not owned or controlled by Consent Amour. Consent Amour has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Consent Amour will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Consent Amour shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
4. Consent Amour Access
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Consent Amour with your mobile phone number, and that Consent Amour may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Consent Amour to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. You are solely responsible for the status messages that you submit and that are displayed for your mobile phone number on the Service. You must notify Consent Amour immediately of any breach of security or unauthorized use of your mobile phone. Although Consent Amour will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Consent Amour or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the Consent Amour servers in a given period of time than a human can reasonably produce in the same period by using a Consent Amour application, and you are forbidden from ripping the content unless specifically allowed. You agree not to use or launch request modification tools such as fiddler or whisker, or tools that are meant to explore or harm, penetrate or test the site. You agree to secure our permission before you measure, test, and health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
Notwithstanding the foregoing, Consent Amour grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Consent Amour reserves the right to revoke these exceptions either generally or in specific cases.
5. Service Fees
Consent Amour offers Users the opportunity to purchase various products, including various template forms and agreements (collectively "Products"), which help Users communicate their consent to and understanding of personal agreements between them. A User may access Products by purchasing a Subscription, or by purchasing Products individually, as provided for by the Service. Current Product prices and Subscription rates are listed on the Service and are subject to change at any time and without prior notice.
Consent Amour accepts credit card and debit card payment methods. By agreeing to purchase any Product, you are authorizing Consent Amour, or its designated payment processor, to charge the account you specify for the fees associated with the Product(s) you purchase. Consent Amour uses a third-party payment processor (the "Payment Processor") to bill the payment method you provide (your "Billing Account") for the purchase of Products or a subscription to the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by the Payment Processor. By choosing to use the Service, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any Product or Subscription in accordance with the applicable payment terms; and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. "All Service Fees are non-refundable."
6. Ownership; Intellectual Property Rights
The Services as well as all text, data, graphics, images, audio, video, information or other materials, including Products and Status Submissions (collectively "Content") are protected by copyright, trademark, patent pendin and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Content, including all associated intellectual property rights, are the exclusive property of Consent Amour and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent pending, or other proprietary rights notices incorporated in or accompanying the Services or Content.
7. License to Service and Content
Subject to your compliance with these Terms, Consent Amour grants you a limited, non-exclusive, revocable, non-transferable license, to (i) access and view any Content solely for your personal and non-commercial purposes and (ii) access and view any other User’s Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You agree that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Consent Amour or its licensors, except for the licenses and rights expressly granted in these Terms.
8. User Content
A. The Service allows Consent Amour Users to submit various Content, including profiles, status updates and automatic submission of your "last seen" status (collectively, the "Status Submissions"). This Content may be hosted, shared, and/or published as part of the Service, and may be visible to other Users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. Content that you send directly to only other User(s) will only be viewable by that or those User(s) You acknowledge that Content you submit other than in a direct communication to another User may be viewed by any User that has your mobile phone number, and that you will not create or submit Content which is not appropriate for that audience. You retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, Consent Amour does not guarantee any confidentiality with respect to any submissions.
B. You are solely responsible for your Content and the consequences of posting or publishing it. Submitted User Content does not represent the views or opinions of Consent Amour, and Consent Amour makes no guarantees as to the validity, accuracy or legal status of any Content or Status Submission. In connection with Status Submissions, you represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Consent Amour to use any and all Status Submissions within and as part of the Service; and (ii) you have the full consent, release, and/or permission of any third party’s personally identifiable information that you include in any Status Submission.
By submitting any Content, including Status Submissions, on or through the Service, you hereby grant Consent Amour a worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, edit, view, copy, adapt, modify, license, transmit, stream, broadcast, access, reproduce, distribute, prepare derivative works of, display, and perform such Content on or by means of the Service as currently exists or may be developed in the future. You also hereby grant each User of the Service a non-exclusive license to access your Content as provided for on or through the Service.
C. You further agree that you will not: (i) submit Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have necessary permissions from the rightful owner ; (ii) publish Content containing falsehoods or misrepresentations that could damage Consent Amour, any User, or any third party; (iii) submit Content that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store Content containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Consent Amour does not endorse any User Content and expressly disclaims any and all liability in connection with any User Content. Consent Amour is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any User Content. Content may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable claims or rights you have or may have against Consent Amour with respect thereto, and agree to indemnify and hold Consent Amour, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
9. Using Products
The Service provides Users access to Products, which Users may access, share, individually sign, and/or mutually execute. The purpose of the Products is to facilitate communication and mutual understandings between adults on important topics, including intimate physical relationships and standards of privacy. Accordingly, Consent Amour does not represent that a correctly executed Product constitutes a legally binding contract in any jurisdiction or that it will be admissible into evidence in any legal or other proceeding.
10. Digital Millennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website location are covered by a single notification, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Consent Amour’s designated Copyright Agent to receive notifications of claimed infringement is CADG Partners, LLC., 18500 Von Karmon Ave, 8th Floor, Suite 850, Irvine, California, 92612. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent: CADG Partners, LLC., 18500 Von Karmon Ave, 8th Floor, Suite 850, Irvine, California, 92612.
• Your physical or electronic signature;
• Identification of the User Submission that has been removed or to which access has been disabled and the location at which the User Submission appeared before it was removed or disabled;
• A statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the User Submission; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Orange County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Consent Amour may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
11. Violations of Terms.
Consent Amour may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had Content removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Consent Amour employees, agents, subagents, superagents or superheros. Consent Amour also reserves the right to decide whether Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Consent Amour may remove such Content and/or terminate a User's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
IF YOU CHOOSE TO USE THE SERVICE, INCLUDING ANY PRODUCT, YOU DO SO AT YOUR SOLE RISK.
ANY COMPLETED PRODUCT, FORM OR AGREEMENT, OR OTHER USE OF THE SERVICES, IS FOR THE PERSONAL BENEFIT OF THE INVOLVED USERS AND MAY NOT BE ADMISSIBLE AS EVIDENCE IN ANY LEGAL OR OTHER PROCEEDING. CONSENT AMOUR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER. CONSENT AMOUR DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE THE CONTENT, CLAIMS OR BACKGROUND OF ANY USER OR ANY INFORMATION OR CONTENT PROVIDED BY ANY USER TO ANOTHER USER. NOTHING CONTAINED IN THESE TERMS, ON ANY SITE, OR APPLICATION, OR ANY THIRD PARTY SITE OR PROVIDED OTHERWISE, SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY USER; (B) ANY CONTENT; OR (C) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANY PRODUCT ENTERED INTO BY ANY USER MADE AVAILABLE ON THE SERVICES OR ANY OTHER FORUM.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CONSENT AMOUR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CONSENT AMOUR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICE, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CONSENT AMOUR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT, THE SERVICE OR ANY USER, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR CONTENT AND COMMUNICATIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT CONSENT AMOUR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. CONSENT AMOUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS UTILIZE THE SERVICE.
YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD CONSENT AMOUR HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICE OR CONTENT.
CONSENT AMOUR WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN USERS. USERS WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENTS MADE WITH OTHER USERS.
13. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS, REMAINS WITH YOU. NEITHER CONSENT AMOUR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUR OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONSENT AMOUR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CONSENT AMOUR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE, OR INABILITY TO USE THE SERVICE, OR CONTENT, OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONSENT AMOUR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Service is controlled and offered by Consent Amour from its facilities in the United States of America. Consent Amour makes no representations that the Consent Amour Service is appropriate or available for use in other locations. Those who access or use the Consent Amour Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to release, defend, indemnify and hold harmless Consent Amour and its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service. Consent Amour shall have the right to control all defense and settlement activities.
16. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a" terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties Consent Amour is the developer of the Service, with an address at CADG Partners, LLC., 18500 Von Karmon Ave, 8th Floor, Suite 850, Irvine, California, 92612.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Consent Amour without restriction.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Consent Amour (i) via email (in each case to the email address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
19. Controlling Law and Jurisdiction
You agree that (i) the Services shall be deemed solely based in California, and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over Consent Amour, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in Santa Clara, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below.
YOU AND CONSENT AMOUR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR COLLECTIVE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
These Terms are intended to govern the agreement between Consent Amour and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
21. Dispute Resolution Provision
You and Consent Amour agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Service (collectively, "Disputes") will be settled by binding arbitration; except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and Consent Amour are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Consent Amour otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents atwww.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Consent Amour otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Consent Amour submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Consent Amour will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
No Class Action. YOU AND CONSENT AMOUR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Changes. Notwithstanding the provisions of the "Modification" section above, if Consent Amour amends this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Consent Amour’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Consent Amour in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Enforceability. If the "No Class Action" section of this Dispute Resolution Provision is found to be unenforceable, or if the entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
22. International Users
Consent Amour makes no claim that the Services or Collective Content are appropriate or may be downloaded outside the United States. If you access the Services from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
23. Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions (collectively "Feedback") for improvements to the Site, Application and Services. You may submit feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Consent Amour and you hereby irrevocably assign to Consent Amour and agree to irrevocably assign to Consent Amour all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Consent Amour’s request and expense, you will execute documents and take such further acts as Consent Amour may reasonably request to assist Consent Amour to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you feel any User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you agree to immediately report such person to the appropriate authorities and to Consent Amour.
Consent Amour may change ratings policy at any time and without warning. Consent Amour reserves the right to exclude, without explanation, any rating that we think may compromise the integrity of the User feedback system or the Service.
The failure of Consent Amour to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Consent Amour. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Content.
25. Notice to California Residents.
If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
26. Compliance Notice
Pursuant to 18 U.S.C. § 2257, Consent Amour provides notice that all photos, images, graphics, videos, and other visual media displayed in or on the Services are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256(2)(A)-(E), but are only, at most, depictions of non-sexually explicit nudity or simulated sexual conduct, or are otherwise exempt because they were created prior to July 3, 1995. Consent Amour is not the primary producer of the visual content of the Services.
27. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Consent Amour and you regarding the Service, Content and any interactions between Users via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Consent Amour and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-English-speaking users, there are any discrepancies between the English version and a translated version. If so, the English version supersedes the translated version.
Date Last Modified:
Terms of Service was last modified July 30, 2016