Last Revised: September 8, 2021
The Sunny Honey Products Company (collectively, “Company,” “we,” “us,” or “our”) welcomes you to our digital home. Like you, we take great pride in our home, and have developed the following rules to help our home stay clean and beautiful, free from germs and viruses, and a source of information about how our products can make your everyday life better, every day. We know terms like these can be long and boring, but please read them anyway for important information about your use of our site.
What’s Contained in this Agreement
Highlights of the Agreement
Our Intellectual Property Rights
Your Authorized Use of Our Site
Content Submitted by You
Descriptions and Orders
Third-Party Content and Links
Copyright Infringement Notices
Updates to this Agreement
Note to New Jersey Consumers
Disclaimer of Medical Advice
Disclaimer of Warranty
Limitation of Liability
Consent to Communication
Disputes, Arbitration, and Class Action Waiver
Highlights of the Agreement
- All of the Content on our Site is protected by intellectual property rights. You may only make limited use of the Content you find on our Site, as described below.
- We may block you from accessing our Site, block or delete your User Content or terminate your account for any reason.
- We are not liable for third-party content hosted on our Site, external websites linked to from our Site, or errors regarding product information, availability, or promotional offers.
Read more about what you can and cannot do on our Site
- If you send us or post or upload User Content to our Site, we may use that User Content for any purpose, including commercial uses, product development, and advertising.
- If you post your name, personal information, or other User Content to public areas of our Site, that information might be seen and used by any visitors to our Site.
- You should not send us or post User Content that 1) you want to keep proprietary or 2) you do not have the rights to post.
Read more about what you can and cannot do on our Sites
- If you send us or post or upload User Content to our Sites, we may use that User Content for any purpose, including commercial uses, product development, and advertising.
- If you post your name, personal information, or other User Content to public areas of our Sites, that information might be seen and used by any visitors to our Sites.
- You should not send us or post User Content that 1) you want to keep proprietary or 2) you do not have the rights to post.
Read more about the Content you transmit to us or through our Site
Other Things to Know:
- By using a Site, you automatically consent to the terms of this Agreement, which will be updated by us from time to time without advance notice.
- This Agreement contains limitations on our liability to you, important disclaimers of warranties, and indemnification obligations by you.
- This Agreement governs how disputes will be handled, including through the use of arbitration with a class action waiver.
- This Agreement contains information about how you can contact us regarding complaints, questions, or copyright infringement claims.
Read the complete Agreement below
Our Intellectual Property Rights
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Site (the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Site, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Site. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.
We grant you a limited license to access and use the Site and its Content for personal, informational, and shopping purposes. No Content from the Site may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and solely for as long as you continue to be permitted to access the Site. To use Content under such an exception, you must (1) keep intact any copyright, trademark, or other proprietary notices, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.
Your Authorized Use of Our Site
While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Site to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
- Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through a Site any content that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable, including unauthorized or unsolicited advertising;
• Post to or transmit through the Site any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters unless specifically requested by us;
• Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to a Site;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with a Site, or express or imply that we endorse any statement you make;
• Violate, or attempt to violate, the security of a Site;
• Disseminate on a Site any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
• Use scripts, macros, or other automated means to impact the integrity of voting, ratings, or similar features;
• Use any data mining, bots, spiders, automated tools, or similar data gathering and extraction methods, directly or indirectly, on a Site or to collect any information from a Site or any other user of a Site; or
• Assist or permit any persons in violating this Agreement or other applicable laws or rules governing the use of the Site.
You are granted a limited, non-exclusive right to create text hyperlinks to the Site for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain any material that is pornographic, obscene, illegal, offensive, harassing or otherwise objectionable in our judgment. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.
Content Submitted by You
You are responsible for any information, text, images, videos, or other materials or content that you post on a Site or transmit through our Site (“User Content”). You agree, represent and warrant that any User Content you post on a Site or transmit through our Site is truthful, accurate, not misleading, and offered in good faith and that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through a Site any User Content protected by copyright, trademark, or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.
PLEASE DO NOT POST OR SEND US ANY IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions, or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us.
We may host message boards, user-generated content, promotions, product reviews, blogs, and other interactive features or services through which users can post or upload User Content (each, a “Forum”) on our Site. We do not endorse User Content posted in Forums, cannot guarantee the accuracy or authenticity of such User Content and are acting only as a passive conduit for such User Content. User Content may include suggestions for uses of our products that have not been evaluated or approved by us; we do not recommend such uses. You should never use our products in any manner other than as is described on its packaging.
You acknowledge and agree that Forums, when available through our Site, are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any User Content you communicate in Forums may be seen and used by others. You understand that our staff, outside contributors, or other users connected with us may participate in Forums or other aspects of the Site and may employ anonymous user names when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to Forums in the future. However, we are not responsible for User Content that you or others choose to communicate in Forums, or for your actions or the actions of other users. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL INFORMATION OR OTHER USER CONTENT PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on a Site or any Forum; (b) monitor User Content and Forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate a Site, to protect us, our Site visitors or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our Site that you believe violates the terms of this Agreement, please contact us.
In general, you are not obligated to register in order to access the Site. However, certain sections and features of some of the Sites are available only to users who have registered for an account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason at our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person, or that is offensive. You may only have one active Registered User account on each Site at any given time and you may not allow other people to use your account to access a Site.
If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Registered User account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to exit from your Registered User account at the end of each session if you are using a device that is shared with other people.
You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password, or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Site and your account, including without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Descriptions and Orders
We may make improvements and/or changes in products or services described on the Site, add new features, or terminate a Site at any time without notice. We also: (a) reserve the right to change the goods and services advertised or offered for sale through a Site, the prices, ingredients, or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on a Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that information on a Site (including without limitation product descriptions, colors or photographs) is accurate, complete, reliable, current or error-free; and (e) reserve the right to modify, cancel, terminate or not process orders (including accepted orders) where the price or other material information on a Site is inaccurate, where we have insufficient quantities to fulfill an order or for any other reason in our sole discretion. If we do not process any order for such reason, we will either not charge you or will apply a credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Products sold on the Site are intended for end-use in the United States and are not labeled or intended for international distribution.
If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions, an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
All orders are subject to any shipping prices and rules as well as the Returns & Exchanges Policy posted on the Site on which you are ordering. Please read these descriptions thoroughly prior to purchasing products from us.
Third-Party Content and Links
Any information, statements, opinions, or other information provided by third parties and made available on our Site are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness, or reliability of any opinion, advice, service, offer a statement, or other Content on our Site other than those from our authorized representatives acting in an official capacity. Under no circumstance will we be liable for or in connection with any loss or damage caused by your reliance on any Content.
We may provide on the Site, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave our Site. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding or endorse or otherwise sponsor, any linked site or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked site is authorized to use any of our trademarks, logos, or copyright symbols.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITE AND RESOURCES.
Copyright Infringement Notices
If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:
(a) A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
(b) The URL or other specific location on the Site that contains the alleged infringing material described in (a) above, with reasonably sufficient information to enable us to locate the alleged infringing material;
(c) Your name, mailing address, telephone number, and email address;
(d) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Designated Agent: Senior Trademark and Copyright Counsel
We will terminate users who, at our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer.
Updates to this Agreement
We may revise or otherwise change or update this Agreement from time to time. Please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement. There may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Site. Your continued use of a Site will signify your continued agreement to this Agreement as it may be revised.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
This Agreement applies exclusively to your access to, and use of, the Site and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to the use of specific portions of a Site (such as our Ratings and Review features) and to the purchase of certain merchandise or services and are included as part of this Agreement.
Any sweepstakes, contests, coupons, rebates, or other promotions made available through a Site will be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.
Note to New Jersey Consumers
The Site and this Agreement are in effect until terminated by us. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to our Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning the protection of intellectual property rights, authorized use, user-submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, you must destroy all Content obtained from the Site and all copies thereof. You agree that if your use of our Site is terminated pursuant to this Agreement, you will not attempt to use our Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur, therefore. We reserve the right to have all violators prosecuted to the fullest extent of the law.
Even after the termination of this Agreement or of your account or access to our Site, any User Content you have posted or submitted may remain on our Site indefinitely.
Our Site is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITE. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered account with us, and you should use our Site only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain sections of our Site, as well as promotions, programs, and commerce we may offer on our Site, may be explicitly limited to people over the age of majority. If you are not old enough to access our Site or certain sections or features of our Site, you should not attempt to do so.
Disclaimer of Medical Advice
THE CONTENT CONTAINED ON OUR SITE MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES, AND/OR NATURAL THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR SITE MAY ALSO CONTAIN INFORMATION ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON A SITE. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT, INCLUDING, BUT NOT LIMITED TO, USERS’ CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR USERS’ CHOOSING OR NOT CHOOSING A SPECIFIC TREATMENT BASED ON THE CONTENT.
Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON OUR SITE OR ANY OTHER SITES LINKED TO, OR FROM, OUR SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH OUR SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF OUR SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, DIVISIONS, AND RELATED COMPANIES AS WELL AS OUR AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE OUR SITE, OUR SITE’S CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR $100.
You agree to indemnify, defend and hold us and the Releasees including all of our directors, officers, employees, agents, and contractors, harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with our Site; or (iii) the Content or other information you provide to us through our Site.
Consent to Communication
Each Site is controlled, operated, and administered by us (or our licensees or agents) from our offices within the United States of America and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States unless otherwise disclosed. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access our Site do so on their own initiative and at their own risk and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit our Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and at our sole discretion.
Disputes, Arbitration, and Class Action Waiver
If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to General Counsel, The Sunny Honey Products Company, Miami, Florida. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.
The arbitration shall be administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “JAMS Rules”), except to the extent that the JAMS Rules are inconsistent with this Agreement or the class action waiver described below. The arbitrator shall be selected in accordance with the JAMS Rules or the mutual agreement of the parties and shall follow Florida law in adjudicating the Dispute. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, subject to the limitations set forth herein. The arbitrator shall issue a reasoned written decision setting forth the Arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and we agree otherwise, any arbitration hearings will take place in a location determined by JAMS and not more than 100 miles from Miami-Dade County, State of Florida, U.S.A. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and the award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR 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 with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Notwithstanding the foregoing, you, and we both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Additionally, under Florida Civil Code Section 1789.3, Florida users are entitled to the following consumer rights notice: Florida residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the Florida Department of Consumer Affairs.
Last updated: September 8, 2021
- What Personal Information We Collect and How We Collect It
In order to provide our services, we collect information about you that either alone or together with other information can be used to identify you as an individual (“personal information”). What personal information we collect and process depends on how and why you interact with us.
- Personal Information You Provide. When you register for an account or subscribe to any of our services, we collect a variety of information about you, including contact information such as your name, email address, telephone number, mailing address, date of birth, dating preferences, etc. When you sign up for our services, you may provide us with additional information, which we may use in connection with providing our matchmaking services. You may also choose to provide us with your image(s) which may contain personal information. By providing us image(s) you agree that we may make them available to other users of our services. We may also collect your name, contact information (such as your email), and a copy of your correspondence with us, if you contact us. To process payments and transactions, we collect data such as your name, address, phone number, email address, and payment information, including but not necessarily limited to credit or debit card information and associated account information. There may be situations where we cannot delete such payment information from our systems, such as when we are legally obligated to keep a record of your payment or transaction in compliance with the law, for legitimate use of data for avoiding fraud and for security purposes, to protect the privacy of others, or when it would be extremely impractical. If you have any questions regarding our collection of your payment information, you may contact us as described under the “Contacting Us” section above.
- Information We Automatically Collect. When you access or use our services, we automatically collect information about how you access and use our website and services. The information we collect may include your Internet Protocol (IP) address, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and the number of clicks. If you use a mobile device to access or download any of our services, we may also collect device information (such as your mobile device ID, model, and manufacturer), operating system, and version information.
While this non-personal information collected from these technologies under certain circumstances could be considered personal information, we do not use this non-personal information to personally identify you beyond providing the services to you. We use this non-personal information in the aggregate to administer our services, prevent fraud, understand how users interact with our services, and gather demographic information to tailor our visitors’ experience on our services, show visitors content that we believe they might be interested in, and display the content according to preferences. The technologies we use to automatically collect information from you may include one or more of the following.
Types of Cookies that May be Used by Us
Operationally Necessary Cookies
We use certain cookies in an effort to help ensure that our website and our services are easy, secure, and safe to use. Without these cookies, services that you have requested (such as a secure website and service provided with our website), would not be possible. This category of cookies includes any of the following.
– Cookies that identify or authenticate our users to securely provide our services to you;
– Cookies that temporarily store certain user entries by you;
– Cookies that store certain user preferences (such as your language choices) which may have been entered in our system by you.
We use analytics cookies to track usage data about our users (e.g. which users visited which pages on our website, etc.) and to evaluate this information statistically.
Third-Party Advertising Cookies / Third Party Pixel / Third Party Tracking
We also allow third parties to collect our users’ data through advertising cookies or pixels placed on our website. These cookies allow us and other third parties to provide you with interest-based advertising that is based on an analysis of your usage behavior (e.g., which banner ads you clicked on, which pages on our website you visited, etc.) on the internet and using our services.
If You Deactivate or Erase Cookies Used by Us
You can deactivate cookies on your computing device and/or mobile device via your browser settings, and you can erase any cookies already stored on your computing device and/or mobile device at any time in your browser. However, if you choose to deactivate or remove cookies, it may prevent certain features on our website from working properly and therefore affect your experience on our website. In addition, you may not be able to use all the features of our services if you deactivate or remove cookies.
For additional information and to opt-out of targeted advertising, please review our Third-Party Advertising Section below.
2) Pixel Tags and Web Beacons. “Web beacons” also referred to as “pixel tags” are small transparent graphic images that often are used in conjunction with cookies in order to further personalize our website for our users and to collect a limited set of information about our visitors including for security and fraud prevention purposes. We may also use pixel tags and web beacons in email communications in order to understand the behavior of our visitors and users.
3) Web Analytics. We collect and use statistical information about your use of our services to make our services more user-friendly, to understand our market share, to conduct market research and to make sure that we display relevant advertisements for you. To accomplish this, we work with various authorized service providers; and we use analytics tools in our website. However, these analytics tools will not use your IP address, or they will modify your IP address immediately after collection so that it will be less clearly linked to your device. These tools will also generate user profiles by using analytic cookies or by evaluating log files; however, these user profiles will not name you and will not be linked to your real-world information.
4) Promotional e-mails. Promotional e-mail messages we send you may contain code that enables our database to track your usage of the messages, including whether the e-mail was opened and what links (if any) were clicked. If you would rather not receive promotional e-mails from us, please see the Choice/Opt-Out Section below.
- Personal Information Received By Us from Others. In addition to the information you provide to us directly, and that we collect automatically, we also may receive personal information from any of the following.
– fraud-detection and credit-reference agencies to correct our records and help prevent and detect fraud;
– Publicly available sources, which we might combine with information that we collect from you directly; and
– A family member or someone else acting on your behalf.
- How and Why We Use Your Personal Information
We may use information that we collect about you or that you provide to us, including any personal information, for any of the following purposes.
– Provide and secure our services;
– Establish and manage user accounts;
– Provide customer support, troubleshoot issues, manage our services, and respond to requests, questions, and comments;
– Process payments and transactions with you;
– Communicate with you about our services, including order confirmation, refund and renewal processing, service announcements and administrative messages;
– Communicate with you regarding promotions, including newsletters, new product offerings, special discounts, event notifications, special third-party offers;
– Conduct market and consumer research and trend analyses;
– Enable posting on our blogs, forums, and other public communications;
– Perform accounting, auditing, billing, reconciliation, and collection activities;
– Prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, and criminal activity;
– Comply with and enforce legal requirements, agreements, and policies;
– Achieve purposes for which we provide specific notice at the time of collection; and
– For any other legal purpose with your consent.
We may communicate with you in connection with providing our services to you by telephone or text message (e.g., to any wireless number you may provide to us). For example, you may sign up for a text messaging verification service (“Text Messaging Verification”) which enables us to verify your phone number via a confirmed text message and display an indication of such verification in your public account (as a security measure for other users). If you would rather not receive telephone calls or text messages from us, you may change or delete your number from your account-preferences page(s), or ask to be removed from our contact list if you receive a call or text message from us. You may also opt out of the Text Messaging Verification service at any time. Please note that we or one of our service providers may contact you by telephone in connection with an outstanding and past due balance on your account. Opting out of receiving telephone calls will not prevent you from receiving calls related to an outstanding balance owed to us.
- Push Notifications
We will send you to push notifications (e.g., paging communications) if you choose to receive them for purposes of service-related matters. If you wish to opt-out from receiving these types of push notifications you may turn them off at your computing device and/or at your mobile device.
- If You Choose to Not Provide Information
If you do not provide the personal information that we request, this may limit our ability to fulfill the applicable purpose for the collection and the services we are able to provide you. For example, we may not be able to consider or process your payment and/or transaction, match you with other users of our services, or provide a particular service you have requested.
- Disclosure of Your Personal Information
In general, we may share personal information we collect:
- With service providers who help us perform and deliver our services to you, subject to confidentiality agreements, including customer care agents; service fulfillment organizations; form processing organizations; website management and hosting companies; information technology (IT) and security organizations; email and newsletter delivery service companies; advertisement partners and corporate sponsors; auditing service providers; collection agencies; background check agencies; and credit card processing service providers;
- With the appropriate authorities if we believe disclosure of your personal information is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or credit risk, to you and others using our services;
- With governmental entities and/or courts with proper jurisdiction (individually or collectively the Government), as may be required by the Government and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a network partner to comply with applicable laws;
- With necessary third parties in connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where personal information is transferred or shared as part of the business assets; and
- With your consent or at your direction, such as when you choose to share information or publicly post information (for example, social media posts).
In addition, we may disclose your personal information as follows.
- To Comply with Valid Legal Requests. You acknowledge and agree that we may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is reasonable too (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
- To Discretely Share With Trusted Third Parties, Such as Service Providers. We may share your information with third parties, but not in a manner that would reveal your identity. We may share your personal information, sometimes in conjunction with non-identifying information, with service providers that may be associated with us to provide services to you and/or to perform functions on our behalf. For example, outsourced customer care agents or technology assistants may need access to your information to perform services for you. Your information will be treated as private and confidential by such service providers and not used for any purpose other than we authorize.
- To Transfer By Sale of Business. As we develop our business, we may buy or sell assets and, depending on the transaction, your personal information may be part of the transferred assets. In the event that we are acquired by another company, your personal information may be part of the assets transferred to the acquiring party. If this occurs, you will be notified if there are any material changes to the way your personal information is collected or used.
- Age Restrictions
We only accept registrations to our services from users who are 21 years or older (or the age of majority in applicable jurisdictions), and any information we may receive from users we have reason to believe to be minors, e.g., under the age of 18, in an applicable jurisdiction, will be deleted from our database. If you believe that we may have collected any such personal information through our services, kindly notify us as set forth below.
We store information in a combination of electronic storage facilities, paper-based files, and other records. While we cannot absolutely guarantee your personal information is completely secure at all times, we have administrative, organizational, technical, and physical security measures to help protect against the loss, misuse, and unauthorized alteration of the information collected and processed. These measures include the use of firewalls, digital certificates, Security Socket Layer (SSL), and encryption technology during credit card transactions and administrative access to site data, as well as other security measures which are applied to all data repositories and data transfers of your information.
“Do Not Track” Signals
We do not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use or visit our websites. You may, however, disable certain tracking as set forth above, e.g., by user settings in your internet browser.
You may use the following options for removing your information from our e-mail database if you wish to opt-out of receiving promotional emails.
- Click on the “unsubscribe” link at the bottom of the e-mail;
- Send mail to the following postal address to let us know which promotional e-mails you wish to opt out from receiving.
<Insert here postal Mailing Address and Email Address>
- For any email-related service that allows you to control which e-mails you receive, use the email-related service to stop receiving and undesired promotional emails.
Updating / Deleting Your Personal Information
We provide users the following options to access, change, correct, update or delete information previously submitted to us.
- Certain information (such as billing account/ payment method, and email address updates) may be updated by logging in to your account and updating directly.
- For verification purposes and to protect you and other users, some personal information updates (such as date of birth changes) must be processed by our staff. To make such personal information updates, please send an email to EMAIL ADDRESS for further assistance.
- To request deletion of your personal account information, please send an email to EMAIL ADDRESS. Requests for personal information deletion will be promptly processed.
Retention and Storage of Your Personal Information
We retain your personal information for as long as necessary to fulfill the purpose(s) for which it was collected, such as to comply with applicable laws, for legitimate use of data for avoiding fraud and for security purposes, for accounting and record-keeping purposes, to protect the privacy of others, or when in our sole discretion it would be extremely impractical. Your consent to such purpose(s) remains valid after termination of your use of our services.
California Consumer Rights
Data Access Request
If you are a California resident and you would like to submit a request to exercise your right to know what personal information we have collected, used or disclosed to third parties in the 12 month period prior to your request, you can make a request by: (i) sending us a request by email to EMAIL, or (ii) sending us a request by mail to this address: ADDRESS. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
Please note that your right to know can be exercised without you being discriminated against for exercising your privacy rights under the CCPA and free of charge. However, we may request a fee, for example, if requests are unfounded, excessive, or have a repetitive character. We are not required to provide access to personal information more than twice in 12 months.
Data Deletion Request
If you are a California resident, or in accordance with other applicable law in your jurisdiction, and you would like to exercise your personal data deletion rights, you can: (i) send us a request by email to EMAIL, or (ii) send us a request by mail to this address: ADDRESS.
Please note that your right to deletion can be exercised without you being discriminated against for exercising your privacy rights under the CCPA and free of charge. However, we may request a fee, for example, if requests are unfounded, excessive, or have a repetitive character. We may not be able to comply with your request for deletion under certain circumstances, such as if we are legally obligated to keep a record of your payment and/or transaction with us. We may decline to comply with your request for deletion in the following circumstances: (i) to perform our contract with you, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for the activity, (iii) to debug to identify and repair errors that impair existing intended functionality, and/or (iv) to comply with our obligation to maintain records of consumer requests such as made pursuant to the CCPA.
To protect your privacy, we must first verify your identity before we can respond to and process your request for access to specific data or to delete data. We will request certain account information to verify your identity that may include any of the following: the email address associated with your account, your account ID, your security PIN, your date of birth, and/or your zip/postal code. Your account ID and security PIN are assigned to you when you register to our service. You can access these at any time in your online account on our website. If you cannot provide us with such requested information, we may ask you to provide other account information to verify your identity.
Requests to opt out of selling of personal information, if applicable, will be honored in accordance with applicable laws.
We will make good faith efforts to provide you with access to your data when you request it, but there may be circumstances in which we may not provide access or delete data, as allowed by law. For example, we are not required to delete personal information needed to provide a service you asked us to provide, to detect fraudulent or illegal activity, required for bookkeeping or tax purposes (e.g., transaction data), or required for legal purposes. Also, we are not required to provide access to information that contains legal privilege, where your identity could not be verified, or where the information would compromise others’ privacy or other legitimate rights, like intellectual property rights. If we determine that your request for access or deletion should be denied or restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.
If you wish to designate an authorized agent to make a request on your behalf, please inform us when you make your request. You can designate an authorized agent to make a request under the CCPA on your behalf if: (i) the authorized agent is a natural person or a business entity registered with the Secretary of State of California; and (ii) you sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please take the following steps:
Mail your written declaration authorizing the authorized agent to act on your behalf, certified by a California notary public, to this address: ADDRESS; and
Provide any information we request as described above and/or in our response to verify your identity.
If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
Non-Member / Visitor
If you are a California consumer and a non-member/visitor of our services and you would like to exercise your right to know or your right to deletion: please note that we only collect, use, and disclose non-name identifying information. For this reason, we do not have a reasonable method by which we could verify your identity with certainty required under CCPA. Therefore, we may not be able to comply with your request.
The categories of personal information we collect about you, the categories of sources from which we collect the personal information, the business and commercial purposes for which we collect and disclose the personal information, and/or the categories of third parties with whom we share the personal information are described in the section above “How and Why We Use Your Personal Information.”
If you are a member with member access to our services, or if you use any portion of our services, your personal data will be stored for the duration of a member’s membership, and/or your use of any portion of the services. However, we will erase your personal data in response to your request, provided that there is none of the following conditions: an obligation under the law to store that personal information, we are legally obligated to keep record of your personal information in compliance with the law, for legitimate use of data for avoiding fraud and for security purposes, to protect privacy of others, or when it would be extremely impractical. If your personal data is subject to a mandatory storage period, we will ensure that this personal information is isolated and stored until the expiration of the mandatory retention period. If you are a member with member access to our services, or if you use any portion of our services, we may automatically delete your personal information, without notice, after ten years following termination of your membership and/or after your most recent use of any portion of the services. We will also store any personal data which is required to demonstrate that we have lawfully complied with valid requests under the CCPA for the required period.
Any access or deletion requests that can be processed by us will be done so within 45 days from the date we receive your request unless we notify you that an extension is required. In case of an extended completion period, we will process your request within 90 days from the date of your original request. If we are unable to satisfactorily verify your identity, we will not be able to process your request. We will not discriminate against you if you choose to exercise any of your privacy rights under California law.
Disclosure of Personal Information, No Sale
If you are a California resident, and you would like to submit a request to exercise your right to know 1) what categories of personal information we have collected, 2) what specific pieces of personal information we have collected, 3) what categories of sources from which we have collected personal information, 4) the purposes for which we use the personal information, 5) the categories of third parties with whom we share the personal information, and 6) the categories of information that we may sell or disclose to third parties, in the 12 month period prior to your request, you can make a request by: (i) sending your request in an email to EMAIL, or (ii) mailing your request to this address: ADDRESS.
Please note that we have not and will not sell the personal information of minors, e.g., under 18 years of age, without affirmative authorization.
Right to Opt-Out of the Sale of Personal Information
California residents also have the right to request that we limit or stop the “selling” (a broad word used to also include some types of sharing) of their personal information under certain circumstances.
Categories of Personal Information, We Collect, Use, and Disclose
A list of the categories of personal information we collect and have collected from California consumers within the past twelve months, the categories of sources from which that information is collected, the business or commercial purposes for which the information is collected, and the categories of third parties with whom we share personal information are described in the section “How and Why We Use Your Personal Information.” Note that we do not necessarily collect all specific pieces of personal information described for any given person.
Please note that the section “How and Why We Use Your Personal Information also reflects the categories of personal information we collect from California consumers, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom we share personal information.
For More Information or to Submit Questions
If you have any questions about this section or about exercising your rights described above, you can contact by mail at:
Or by email at: EMAIL.