TERMS AND CONDITIONS
LAST UPDATED ON August 9, 2016
Please read the following User Agreement.
Terms and Conditions of Use of this Online Customer Support Service
When you submit any information through this website (the “Support Site”), you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the agreement between Why Not Media. LLC, Why Not Media Ltd. (“us”, “our,” “we”) and you with respect to your use of the Support Site. Please read the following terms and conditions carefully, as they form the agreement between us, or any of our successors or assigns and you (sometimes referred to herein as “you”, “your” or the “User”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE ONLINE CUSTOMER SUPPORT SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE ONLINE CUSTOMER SUPPORT SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
How Your Information Will be Used
For sensitive matters or other high priority matters, please immediately call our customer service center [at 1-866-304-3584] to ensure you receive immediate attention.
The terms of this Agreement shall not in any way effect the agreement in place in connection with your membership to the dating platform you are contacting us about.
NO WARRANTIES, LIMITATION OF LIABILITY
THE SUPPORT SITE IS PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SUPPORT SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE ONLINE CUSTOMER SUPPORT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUPPORT SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SUPPORT SITE OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE, OR THE SUPPORT SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SUPPORT SITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES.
- All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Support Site or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement, is invalid, illegal or otherwise voidable or void.
- The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Notwithstanding any provision of this Agreement relating to under which state’s laws this Agreement is to be governed by and construed under, all issues relating to arbitrability or the enforcement of this Arbitration Section are to be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the federal common law of arbitration.
- Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. The parties hereto hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
- This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Arbitration takes place in Miami-Dade County, Florida, exclusively
- The parties hereto hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
- The obligation to arbitrate is not binding upon us with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
- The parties hereto each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis. THE PARTIES ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, none of the parties agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
Jurisdiction for Disputes
This Agreement and all Disputes or matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, as well as to the Federal Arbitration Act. Subject to the foregoing section concerning mandatory arbitration of Disputes, the parties hereto hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida for resolution of all Disputes. The parties hereby agree that exclusive venue for any litigation/Dispute under this Agreement shall be with the state and federal courts located in Miami-Dade County, Florida.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in any representative capacity. You and we further agree that no arbitration or proceeding will be combined with another without the prior written consent of all parties to the affected proceedings.