Terms-of-Use Agreement
Created: September 14, 2015
Last Updated: December 30, 2018
BMOBL LLC, a Delaware limited liability company (“ChatDollars®”), welcomes you to ChatDollars.com (the “Website”). Please read these terms of use, which govern your use of this Website (and any mobile or application versions), including any content, functionality, and services offered on or through the Website. Your access to this Website is on the condition that you agree to these terms and our privacy policy https://chatdollars.com/privacy-policy. Please pay special attention to the following sections: (1) disclaimer of warranties (section 15); (2) limit of liability (section 16); (3) exclusion of damages and exclusive remedy (section 17); (4) place for resolving disputes (section 21.2); (5) dispute resolution (i.e., mandatory mediation and arbitration) (sections 22.3 and 22.4); (6) class action waiver (section 22.8); and (7) limitation on time to file disputes (section 22.9). By accessing this Website, you state that you have read, understand, and agree to these terms. If you do not want to agree to these terms, you must not access this Website.
Warning: This Website may contain, or direct you to websites containing, uncensored sexually explicit content unsuitable for minor and that some adults may find offensive or inappropriate. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website. We prohibit all persons who do not meet these age requirements from accessing this Website. Under 47 U.S.C. § 230(d), we notify you that parental control protections (like computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. Information about providers of these protections may be found on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which are provided for informational purposes only and are not endorsed by us: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
1.Introduction
This Website provides information and material of a general nature about ChatDollars® and the products and services it offers. We provide this information for informational purpose only. You should not rely on this Website for advice of any nature. We are not responsible for the actions, decisions, or other behavior you take or do not take in reliance on this Website. You act at your own risk in relying on the contents of this Website.
ChatDollars® may change these terms, and any policies or agreements incorporated in these terms, on one or more occasions. Any changes will become effective on posting to the Website, but will not operate retroactively. Your use of this Website after we have made the changes forms your acceptance of these terms as last updated. If you do not agree to these terms as last updated, you must not access this Website anymore. For more information about changes, please see section 23.3 below.
2.Scope of Terms
These terms apply to the Website located at https://www.chatdollars.com/, including any mobile website and application. These terms also apply to any online resources, materials, download areas, tools, and interactive features provided on the Website, including blogs, community forums, chat rooms, discussion websites, knowledge centers, and product and service offerings information, both now and in the future. ChatDollars® may also publish specific terms, including an affiliate agreement, in which event, these terms will remain in effect to the extent that they do not conflict with the specific terms. These terms do not change the terms of any other agreement you may have with ChatDollars®, or its subsidiaries or affiliates, for products, services, or otherwise.
3.Eligibility
ChatDollars® limits access to this Website and its products and services to users who are at least 18-years old. By accessing this Website, you state that you are (1) at least 18-years old and (2) have the legal capacity to agree to these terms and to perform the acts required of you by these terms. If you access this Website on behalf of an entity, you also state that you have authority to accept these terms for that entity and that the entity will indemnify ChatDollars® for any breach of these terms.
4.Account
4.1
Account Creation. You must complete the registration process by providing us with accurate information as prompted by the registration form. You also will choose a password and a user name.
4.2
Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Further, you are entirely responsible for all activities that occur under your account. You will promptly notify us of any unauthorized use of your account or any other breach of security.
4.3
Liability for Account Misuse. We will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You will be held liable for loss incurred by us or another party due to someone else using your account or password.
4.4
Use of Other Accounts. You will not use anyone else’s account at any time, without the permission of the account holder.
4.5
Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
5.Ownership of Content; Limited License
5.1
We own or have the license to use:
- the Website, including its past, present, and future versions;
- all webpages found within the Website;
- all the material and information on the Website;
- all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and
- all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration.
United States intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect this Website and its content. In using the Website or the content, you will comply with all intellectual property laws, and any specific notices contained on the Website.
5.2
We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms. By “access,” we mean visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.
5.3
The license granted in section 5.2 does not include any of the following: (1) resale or commercial use of the Website; (2) distribution, public performance, or public display of the Website or the content; (3) changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless we specifically authorize change or derivative use in a separate written agreement with you; (4) use of any data mining, robots, or similar gathering or extraction methods; (5) downloading (other than webpage caching) any portion of the Website or the content except as permitted on the Website; or (6) any other use of the Website or the content other than for its intended purpose. Your license to access the Website does not transfer to you ownership of or title to a copy of any content that you view or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorized by these terms will terminate the license granted here. Unauthorized use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in these terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We may revoke this license at any time.
6.Trademarks
The trademarks, service marks, logos, slogans, and domain names (“marks”) referenced on the Website, including CHATDOLLARS®, are common-law or registered marks of BMOBL LLC. United States trademark laws and international treaties protect these marks. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association with BMOBL LLC. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, metatags, or any other “hidden text” using marks of BMOBL LLC and its licensors, without advance written permission of BMOBL LLC or the third party who may own the mark.
You will not reproduce, imitate, or use the Website’s marks in any way that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Website or BMOBL LLC. If you do any of this, your actions may amount to infringement of BMOBL LLC’s rights or the rights of third parties.
7.Hyperlinking to the Website
We hereby grant you a limited, nonexclusive, nontransferable license to create a text hyperlink to https://www.chatdollars.com/ only. You will not use the ChatDollars® logo or any other brand feature to link to the Website. You will not hyperlink directly to any other webpage or content within the Website without our advance written permission. We only consent to hyperlinks in which the hyperlink and the webpages that are activated by it do not: (1) duplicate the content of the Website; (2) frame or create any other border around the content or any webpages on the Website or use other techniques that change in any way the visual presentation or appearance of any content within the Website; (3) misrepresent your relationship with us or otherwise create a false affiliation, connection, or association with us; (4) imply that we approve or endorse you, your website, or your services or product offerings; (5) present a false or misleading impression about us or otherwise damage the goodwill associated with our name or marks; (6) use our marks in webpage text, metatags, or hidden text to gain higher rankings from search engines; or (7) use our name, marks, colors, or other brand features. We may revoke this license at any time. If we revoke this license, you will promptly remove all hyperlinks to the Website and stop using our marks. We will disable any unauthorized hyperlinks or frames. We make no statements about websites that hyperlink to this Website and will not be liable for the content available on any other website that hyperlinks to this Website.
8.Hyperlinks from the Website
As a convenience to you, the Website may contain hyperlinks to other websites and resources provided by persons independent from us. This includes hyperlinks contained in advertisements, including banner advertisements and sponsored hyperlinks. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use of them, regardless of the hyperlinking form (e.g., hotlinks, hypertext links, IMG links). If you decide to access any of the third party websites linked to this Website, you do so at your own risk and subject to the terms and privacy policies posted on those websites. We recommend that you review the terms and privacy policies posted on all third-party websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Hyperlinks or advertisements do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the hyperlinks, or that any advertisement or hyperlinked website is authorized to use any BMOBL LLC service mark, trademark, trade name, logo, or copyright symbol. We may discontinue linking to any hyperlinked website at any time. Please contact the webmasters of any hyperlinked websites about any information, goods, or services appearing on them.
9.Feedback
We encourage you to give feedback about the Website. But we will not treat as confidential any suggestion or idea given by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
10.Use of Website
10.1
We offer this Website only for the use of our current and future customers to provide them with information about our company, to permit you to become an affiliate, and to enable you to contact us with any questions or comments that you may have.
10.2
You will only access this Website in accordance with these terms; we prohibit any other use of this Website. We may change, limit, or cancel your access if you fail to comply with these terms or any other terms.
10.3
You will not use the Website
10.3(A)
In any way that violates any federal, state, local, or international law or regulation, including any laws about the export of data or software to and from the United States or other countries;
10.3(B)
In any way that exposes us to criminal or civil liability;
10.3(C)
To infringe on the intellectual property rights of another user or any other person;
10.3(D)
To engage in false or deceptive advertising or trade practices;
10.3(E)
To send, or procure the sending of, any advertising or promotional material without our advance written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
10.3(F)
To impersonate or attempt to impersonate us, an employee, another user, or any other person;
10.3(G)
To register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any person for any ChatDollars® affiliate program if you are not authorized by that person to do so;
10.3(H)
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
10.3(I)
To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (e.g., rights of privacy, etc.) of others, or to publish, post, distribute, or disseminate any defamatory, infringing, obscene, offensive, or unlawful material or information.
In addition, you will not:
10.3(J)
Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website;
10.3(K)
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
10.3(L)
Use any manual process to monitor or copy of any of the material on the Website or for any other unauthorized purpose without our advance written consent;
10.3(M)
Use any device, software, or routine that interferes with or tries to interfere with the proper working of the Website;
10.3(N)
Reverse engineer or change any part of the Website or the content;
10.3(O)
Circumvent, disable, or otherwise interfere with security-related features of the Website or any system resources, services, or networks connected to or accessible through the Website;
10.3(P)
Introduce any viruses, Trojan horses, worms, logic bombs, malware, ransomware, or other material that is malicious or technologically harmful;
10.3(Q)
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or
10.3(R)
Attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
You will comply with all laws and regulations, including those relating to the Internet, data, email, privacy, and the sending of technical data exported from the United States or the county where you live. We may take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and cancellation of your account. Unauthorized use of the Website or the content may also violate copyright and trademarks laws, the laws of privacy and publicity, and various communications statutes and regulations.
11.Term and Termination; Account Deletion
11.1
Term. These terms begin on the date you first access the Website and continue as long as you have an account with us.
11.2
Account Deletion. You may delete your account at any time. We may delete accounts if they remain inactive (that is, you fail to log in) for a continuous period of at least six months.
11.3
Termination for Breach. We may suspend, disable, or delete your account (or any part of it) if we determine that you have breached any provision of these terms or that your conduct would tend to damage our reputation and goodwill. If we delete your account for any of these reasons, you will not re-register for the Website. We may block your email address and Internet protocol address to prevent further registration.
11.4
Effect of Termination. On termination, your right to access the Website and all licenses granted by us will terminate.
12.Information About You and Your Visits to the Website
12.1
All information we collect on this Website is subject to our privacy policy https://chatdollars.com/privacy-policy. We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you. By accessing the Website, you consent to all actions taken by us with respect to your information in compliance with the privacy policy.
12.2
By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.
12.3
If you are visiting this Website from a country other than the United States, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this Website and communicating electronically with us, you consent to these transfers.
13.Changes to the Website; Availability
13.1
We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting us at support@chatdollars.com.
13.2
We may withdraw or amend this Website, and any service or material we provide on the Website at any time without notice. While we will try to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. On one or more occasions, we may restrict access to some parts of the Website, or the entire Website, including registered users.
14.Reliance on Information Posted
14.1
We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
14.2
This Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of BMOBL LLC. We will not be liable to you or any nonparty for the content or accuracy of any materials provided by any third parties.
15.Disclaimer of Warranties
15.1
You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
15.2
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. We are not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. We are not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations. Nor do we make any warranties about any content submitted by any user, any third party’s use of the content that you submit, or that we will make available or store on the Website any content you submit.
15.3
We are not making any warranties—whether express, implied, statutory, or otherwise—including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.
16.Limit of Liability; Release
16.1
We will not be liable to you for any of the following:
16.1(A)
Errors, mistakes, or inaccuracies of content;
16.1(B)
Personal injury or property damage resulting from your access to the Website or improper use of our products;
16.1(C)
Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, abuse, defamatory, libelous, abusive, invasive of privacy, or illegal;
16.1(D)
Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;
16.1(E)
Interruption or cessation of transmission to or from the Website or our servers;
16.1(F)
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
16.1(G)
Incompatibility between the Website and your other services, hardware, or software;
16.1(H)
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
16.1(I)
Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
16.2
You hereby release us from all liability arising out of the conduct of other users or nonparties.
17.Exclusion of Damages; Exclusive Remedy
17.1
Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for breach-of-contract damages that we could not reasonably have foreseen on entry into these terms. Nor will we be liable to you for any indirect, special, punitive, or exemplary damages—regardless of theory of liability—arising out of your access or your inability to access the Website, the content, or the services. We also will not be liable to you—regardless of theory of liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website, the content, or the services. This exclusion applies even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
17.2
If you are dissatisfied with the Website or the services, your exclusive remedy is to stop using the Website. Our maximum liability to you for any claim will not exceed claim will not exceed $1.
18.Scope of Disclaimers, Exclusions, and Limits
The disclaimers, limits, and exclusions set out in sections 15, 16, and 17 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of warranties, exclusion of liability for consequential damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to you.
19.Loss Payment (aka Indemnification)
19.1
In General. You will pay us for any loss of ours that is caused by (1) your access of the Website, (2) your breach of these terms, (3) your violation of rights of a nonparty, or (4) your negligent or intentional misconduct. But you are not required to pay to the extent that the loss was caused by our intentional misconduct.
19.2
Definitions
19.2(A)
Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
19.2(B)
A loss is caused by an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss
19.3
Our Duty to Notify. If we have your contact information, we will notify you before the 15th business day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. Our failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.
19.4
Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we will cooperate with each other in good faith on a claim.
19.5
No Exclusivity. Our rights under this section do not affect other rights we might have.
20.Compliance with Laws
The owner of the Website is located in the state of Nevada in the United States. We are not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws. You will not use or export anything from the Website in violation of U.S. export laws or these terms.
21.Governing Law; Place for Resolving Disputes
21.1
The laws of the state of Nevada, without giving effect to its principles of conflicts of law, govern all matters arising out of these terms or relating to the subject matter of these terms.
21.2
Except for disputes subject to arbitration, all disputes arising under these terms or your access to the Website or the services will be subject to the exclusive jurisdiction and venue of the state and federal courts in Las Vegas, Nevada. Each party hereby submits to the personal jurisdiction of the state and federal courts in Las Vegas, Nevada to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
21.3
This Website will be deemed solely based in the state of Nevada and will be deemed a passive website that does not give rise to personal jurisdiction over BMOBL LLC, either specific or general, in any other jurisdiction.
22.Dispute Resolution
22.1
In General. Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of (or relating to) the use of the Website.
22.2
Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process.
22.3
Mediation. If the parties cannot settle a dispute arising out of (or relating to) the Website or these terms through negotiation after 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR. Mediation will take place in Las Vegas, Nevada. The language of the mediation will be English. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
22.4
Arbitration. If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of (or relating to) the Website or these terms by arbitration administered by CPR under its Rules for Administered Arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. A single arbitrator will preside over the arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will issue a final award on all issues submitted to the arbitrator. The arbitrator’s award will be binding on the parties and may be entered as a judgement in any court of competent jurisdiction. Arbitration will take place in Las Vegas, Nevada. The language of the arbitration will be English. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator’s right to award costs and fees to the prevailing party under these terms. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of these terms, plus any post-award proceedings. The arbitrator’s authority to grant relief will be subject to the provisions of these terms and the CPR Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms.
22.5
Right to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.
22.6
Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section, “prevailing party” means, for any adversarial proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favour of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
22.7
Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of (or relating to) the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
22.8
Class Action Waiver. The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. 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 a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
22.9
Limitation on Time to File Disputes. A party will not file a dispute arising out of (or relating to) the Website or these terms more than one year after the cause of action arose. Any dispute brought after one year is barred.
23.Miscellaneous Provisions
23.1
Entire Agreement. These terms form the entire agreement between you and us for your access to the Website. It supersedes all earlier or contemporaneous agreements between you and us for access to the Website. A printed version of these terms and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
23.2
Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at support@chatdollars.com and we will email you a copy.
23.3
Changes. We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date noted at the top of the webpage. Changes will not apply to ongoing disputes or to disputes arising out of events happening before the posted changes. It is your responsibility to check the Website periodically to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website or the services after we post changes to these terms, the changes will bind you even if you have not read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@chatdollars.com.
23.4
Assignment and Delegation. We may assign our rights or delegate our obligations under these terms to an affiliate or third party. But you will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this section will be void.
23.5
No waiver. If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other’s breach of a provision, that waiver is not treated as waiving a later breach of the provision.
23.6
Severability. If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
23.7
Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
23.8
Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
23.9
Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
23.9(A)
Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
23.9(B)
War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
23.9(C)
Fiber cuts;
23.9(D)
Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
23.9(E)
Failure of the telecommunications or information services infrastructure; or
23.9(F)
Hacking, SPAM, or any failure of a computer, server, network, or software.
23.10
Notices
23.10(A)
Sending Notice to Us. You may send notice to us by email, by calling our customer service department, or by writing to us using the contact information shown on the Website. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the Website. Please check the contact area of the Website for the most current information for sending notice to us.
23.10(B)
Sending Notice to You — Electronic Notice. You consent to receive notice from us in electronic form by either (1) email to the last known email address we have for you or (2) posting the notice on a location on the Website chosen for this purpose. We will consider notices sent to you by email received when our email server shows transmission to your email address. You state that any email address you gave us is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
23.11
Permission to Send Emails to You. You hereby grant us permission to email notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications relating to our products and services, which may contain adult oriented material, sexual content and language, and images of nudity not suitable for minors. This permission will continue until you revoke it by asking us to remove you from our email list.
23.12
Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
23.13
Telephone Communications Not Private. You acknowledge that we may on one or more occasions call you about your account, and that, for the purposes of all calls, you do not have any reasonable expectation of privacy during those calls. You consent to allow us to record the entirety of any calls regardless of whether we first ask you on any particular call for consent to record that call. You further acknowledge that, to the extent permitted by law, we may submit any recording as evidence in any legal proceeding in which we are a party.
23.14
Electronic Signatures. Any affirmation, assent, or agreement you send through this Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
23.15
English language. We have drafted these terms and the privacy policy in the English language. We assume that you can read and understand the English language. We are not liable to you or any other person for any costs or expenses incurred to translate these terms or the privacy policy into another language. The English language version controls over any translated version.
23.16
Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
BMOBL LLC
3540 W. Sahara Avenue, Suite 638
Las Vegas, Nevada 89102
877 771-4260
Users who wish to gain access to the customer-only section of the Website must be a customer in good standing.
23.17
Complaints—California Residents.You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
23.18
Contact Information. If you have any questions about these terms, please contact us by email or regular mail at the following address:
BMOBL LLC
3540 W. Sahara Avenue, Suite 638
Las Vegas, Nevada 89102
support@chatdollars.com
24.Usages
In these terms, the following usages apply:
24.1
Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
24.2
References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
24.3
References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
24.4
In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
24.5
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
24.6
“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
24.7
“Including” means “including, but not limited to.”