Terms and Conditions

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Terms and Conditions

             This agreement (“Agreement”) is between You and PreQualified Mates, a California corporation (hereafter “PreQM”), whose principal place of business is 405 El Camino Real, no. 303,  Menlo Park, CA 94025. You agree to use the Singles Services (hereafter “Services”) offered by PreQM solely for the genuine relationship-seeking purposes for which such Services are intended. Your use of the Services solely for this purpose is integral to maintaining the integrity of the Services and PreQM’s reputation.

             Your use of the PreQM website, [www.PreQualifiedMates.com and www.PreQM.com; collectively the “Site”], and/or any of the Services accessible through the Site and otherwise provided by PreQM is subject to the terms and conditions of this Agreement. Any additional, modified or different services offered and made available by PreQM in the future shall also be subject to the terms and conditions of this Agreement.

             Please review this Agreement carefully, as you will be expected to comply with its terms and conditions. The Agreement includes an Arbitration provision [Section 15] which controls how disputes between us will be resolved.


Contents

  1. Eligibility

  2. Use of Site and Service

  3. First Wedding Anniversary Bonus

  4. Proprietary Rights

  5. Member Applicant Information

  6. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors

  7. Disclaimer of Warranty

  8. Limitation of Liability

  9. Indemnification

  10. Communication and Privacy

  11. Term and Termination

  12. Cancellations

  13. Renewals

  14. Arbitration

  15. General Provisions

  16. Digital Millennium Copyright Act Notice

  17. Revision Date

1. ELIGIBILITY

a. Minimum AgeYou must be at least 21 years old to use the Site, the Services or apply for membership. By using the Site, Services or applying for membership, you represent and warrant you are at least 21 years old.

b. Marital StatusYou must be single (i.e., not married) to use the Site, the Services or apply for membership. By using the Site, Services or applying for membership, you represent and warrant you are single. If you are legally separated, but not yet legally divorced, you may apply to use the Services conditioned upon disclosure of such status when you first apply.

c. Criminal HistoryYou must never have been convicted of a felony or have any current criminal record to use the Site, the Services or apply for membership. By requesting to use, registering to use and using the Services, you represent and warrant that you have never been convicted of a felony, are not required to register as a sex offender with any government entity, and have no current or pending action in which you are charged with a criminal violation (i.e., misdemeanor or felony). 

d. Specifically Designated National Status ProhibitedYou must be not be designated by the United States Government as a “Specifically Designated National” or other person to whom provision of the Services is prohibited. By using the Site, the Services or applying for membership, you represent and warrant you are not a “Specifically Designated National."

e. Membership. Membership in PreQM and eligibility for the Services requires you to successfully complete the Membership Application and PreQM’s proprietary screening vettingprocess. Upon successful completion, you may be presented with potentially compatible matches (“Match”) to enable you to meet a specific match.You will be under no obligation to meet with or communicate with any potential match or matches that PreQM may present to you.

f. A requirement for membership includes a two-way video interview. You must have access to a computer with an enabled camera which is turned on and faced toward the applicant and/or a smart phone with a camera turned on faced toward You. Your device must be capable of running a web-based meeting. The interview may be recorded and stored for the exclusive internal use of PreQM employees and contractors. The recordings will not be posted on line and will not be used for any marketing purposes at any time. At PreQM’s discretion, the video interview may be replaced with an in person interview which may be recorded.

g. Rolodexers must complete the PreQM Application and submit an accurate, current, unadulterated photo prior to consideration for an introduction. Rolodexers may not be screened. Rolodexers are not guaranteed to receive introductions. Rolodexers may potentially receive introductions to PreQM Members or other Rolodexers.

i) Rolodexer Affiliations auto renew on an annual basis. See 13. Renewals.

2.  Use of the Site and Service

As a qualified member of PreQM, your use of the Site and Services must be for sincere relationship-seeking purposes. You agree not to seek membership in PreQM with the intent or design of being introduced to another member with which you have or have had a preexisting relationship. As a member of PreQM, you agree as follows:

a. Exclusive Use. Your membership is exclusively for your personal use. Use of your membership privileges or access to the Services, and/or assignment or other transfer of your membership to another person or entity, whether voluntarily or by application of law, is strictly prohibited, and will subject your membership to immediate termination without any refund.

b. Geographic Limitations.  The Site and Services are solely for use in the United States of America consistent with the terms of this Agreement and any applicable local, state, national and federal laws and regulations.

c. Information Submitted. You are responsible for and assume all liability concerning the information you provide to PreQM.

d. Online Dating Services. PreQM offers Online Dating Services, specifically including Flirty Dating Texts, Online Dating Photo Editing, Email Crafting and Profile Makeovers. In conjunction with your use of Online Dating Services, you assume all liability concerning information PreQM provides to you while using PreQM’s Online Dating Services including Flirty Dating Texts, Online Dating Photo Editing, Email Crafting and Profile Makeover. PreQM’s Online Dating Services are available for purchase to non-members of PreQM. Refunds are not provided on any Online Dating Services offered by PreQM.

i) Flirty Dating Texts. PreQM requires you complete the online form upon ordering a Flirty Dating Text which includes your name, dating handle, name of your “match,” your phone number, and what you are trying to convey. PreQM will attempt to contact you via phone and/or email at least once in advance of creating your Flirty Dating Text message. If we do not receive a response from you within three days, PreQM will create and send you your Flirty Dating Text without consultation and consider this service complete. Revisions will be charged an additional fee.

ii) Photo Editing. PreQM requires that you email PreQM non-explicit photos of yourself in JPG format. Editing of the photo is in PreQM’s discretion. PreQM also reserves the right to make use of and/or edit another photo of you located in the public domain. Revisions or editing are charged an additional fee.

iii) Email crafting. PreQM requires you complete the online form upon ordering Email crafting which includes your name, dating handle, name of your “match,” your phone number, and what you are trying to convey. PreQM will attempt to contact you via phone and/or email at least once in advance of crafting your email message. If we do not receive a response from you within three days, PreQM will create and send you your Crafted Email and consider this service complete. Revisions will be charged an additional fee.

iv) Profile Revisions. PreQM requires that you email your existing online profile in word format to info@preqm.com with your name followed by the words PROFILE REVIEW in the SUBJECT line. Once complete, PreQM will email you the revised profile in word and pdf format for your use. Revisions are an additional fee.

e. Risk Assumption and PrecautionsYou are responsible for and assume all risk relating to or arising out of your use of the Site, Services or interaction with other PreQM members. You agree to take and exercise reasonable precaution for the safety and welfare of both yourself and other PreQM members in conjunction with your communications, interaction with and conduct toward other PreQM members through use of the Services, specifically including in conjunction with meetings and dates with members through the Singles Service. You acknowledge certain risks to your personal welfare and safety may be present anytime you meet, interact and date someone with whom you had not been previously acquainted; risks which PreQM cannot eliminate. The PreQM Dating Safety Tips, which you agree to review, can be accessed under the Dating Tips page accessed from the Membership tab of the Site.

f. Disclaimer of GuaranteesYou acknowledge PreQM may be unable to provide matches for every qualified member. PreQM makes no guarantee as to the number or frequency of matches or introductions it will provide through the Service, nor guarantee or assurance, either expressed or implied, regarding your compatibility with individuals you meet through the Service. PreQM reserves the right to retract matches or introductions previously provided to you, where appropriate or necessary in its sole discretion and judgment.

g. Reporting Violations.  You agree to promptly provide PreQM with written notice of any violation of the Agreement by members or others.

h. Prohibited Communications. You agree not to transmit to PreQM content, links or other communications, or otherwise engage in any activity or communication on the Site or through the Services which:

i)   promotes racism, bigotry, violence or hatred against any religion, ethnicity, sex, sexual orientation, or age group, or which threatens, encourages or promotes physical harm of any kind against any group or individual;

ii)  is intended to offend, harass, threaten, or intimidate any other member, person, religion, ethnicity, sex, sexual orientation, or age group;

iii)is defamatory, knowingly inaccurate, abusive, obscene, profane, sexually oriented, sexually graphic, violent, or otherwise objectionable in PreQM’s sole discretion and judgment;

iv) illegally infringes on another person’s or entity’s copyrights, trademarks, tradenames or other intellectual property or is intended to circumvent copy-protected devices;

v) contains photographs, depictions or images of another person without that person’s express written consent, disseminates another person’s personal information without that person’s permission, collects or solicits another person’s personal information for commercial or unlawful purposes, or otherwise wrongfully or illegally invades another person’s rights of privacy;

vi) promotes, enables or constitutes  illegal or unlawful activities,

vii) is intended to defraud, mislead or deceive members or other persons;

viii) creates, contains or disseminates computer viruses, time bombs, “Trojan Horses”, cancelbots, worms or other harmful or disruptive codes, components or devices;

ix) promotes or solicits involvement in or support of a political party, cause, initiative, platform, religion, cult, sect, or other organization; or impersonates or otherwise misrepresents affiliation connection or association with any person or entity;

x) solicits gambling or engages in any gambling or similar activity;

xi) uses scripts, bots or other automated technology to access the Site or Service;

xii) uses the Site or Service for chain letter, junk mail or spam e-mails;

xiii) solicits, collects or disseminates personal information about anyone under 18; or

xiv) is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

i. No False InformationYou represent, warrant and promise to not provide inaccurate, misleading or false information to PreQM or to any other member. You further covenant and agree that should information previously provided to PreQM or another user subsequently becomes inaccurate, misleading or false, that you will promptly notify PreQM of and cause any such changes or corrections to make all such information accurate and current.

j. No Harassment of PreQM Employees or Representatives. You will not harass, intimidate or threaten, or engage in any communication intended to harass, intimidate or threaten PreQM, it’s employees or representatives engaged in providing Services to you.

k. Social Media. PreQM may provide you the option to connect your PreQM membership account to our account on social networking sites such as Facebook, Instagram or LinkedIn, for the purpose of logging in, uploading information or enabling certain features of the Service including accessing your contacts or requesting that you “like” PreQM. When enabling this feature, we may disclose to you the information to collect from the connected social networking site and may use such information in compliance with our Privacy Policy.  . It is possible, during the matching process, that your matches may be able to see information about your social network, including through use of their own methods that may include Internet searches, and access to social networking sites. By connecting PreQM to your account on any social networking site, you hereby consent to the continuous release of information about you to PreQM. We will not send your PreQM account information to the connected social networking site without first disclosing that to you. You may be able to disconnect the accounts either or your own or upon request. Each social network may allow you to set privacy controls around your information on their system, and PreQM’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement and each social networking site involved, and therefore the features and shared information are subject to change without notice. Disconnecting the social networking site interactions may not occur in real-time. It may be possible that you may link to PreQM’s social network without becoming a member of PreQM. If you are linked to PreQM’s social network, members, employees and agents of PreQM may be able to access information about you.

l. License to Posted or Accessed Content. By making it accessible to us by linking your PreQM account to any of your social network accounts (for example Facebook Connect), you represent and warrant that you have the right to grant to PreQM and its members and applicants, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publically display and distribute such information and content, and to develop derivative works of or incorporate into other work, such information and content and to grant and authorize sub-licenses of the foregoing.

3. FIRST WEDDING ANNIVERSARY BONUS

PreQM will send each of the first three (3) couples introduced as qualified members of PreQM through the Services who subsequently marry on a first wedding anniversary vacation [‘free trip’]. To qualify, within the first year of your marriage, send a copy of your marriage certificate and exact spelling of both spouses’ legal names to: PreQM, Attention: First Anniversary Trip, 405 El Camino, no. 303, Menlo Park, CA 94025. Any correspondence other than marriage certificates to this address will be discarded. Additional qualifications are:

a. you and your spouse must have been introduced via the PreQM Singles Service

b. the marriage must be a legal marriage within the State in which you reside

c. you must be one of the first three (3) marriages from the PreQM service

d. you and your spouse must not have been engaged or intending to become engaged to each other prior to joining PreQM as qualified members

e. you and your spouse agree to allow PreQM to post your picture and first names and last initial’s on their website and marketing materials as trip winners.

PreQM reserves the right to confirm that the marriage exists, is valid and in effect after the first year. .The winners will be determined by:

f. the marriage date printed on the marriage certificate and

g. the date stamp on the of the marriage certificate sent to PreQM First Anniversary Trip.

PreQM may provide the winners with vouchers for your free trip. The vouchers have no cash value. The vouchers may include airfare, hotel accommodations, rental cars, and other complementary services. PreQM is not responsible for travel delays, cancellation costs or insurance, changes in ticket prices resulting from changes by You, luggage fees, tips, upgrade fees, use of exact names on travel vouchers based on names on the marriage certificate provided by You, changes of venue, acts of God, or injuries, and medical expenses or suffered or incurred, directly or indirectly resulting from the free tripPreQM may provide your contact information directly to the travel agency or purveyors and may have the winners book the free trip through the travel agency. The free trip may have expiration dates; it is the winner’s responsibility to take the trip prior to the expiration date(s) on the travel vouchers. The trips and vouchers are non-transferable. You and your spouse may have input as to the destination and dates of travel.

At our discretion, PreQM may expand the number of couples who qualify for the free tripPreQM reserves the right to discontinue the award program at any time. PreQM reserves the right to discard all records of marriage certificates received.

4. Proprietary Rights

a. Ownership of Proprietary InformationYou hereby acknowledge and agree that PreQM Is the owner of highly valuable proprietary information, including without limitation, the PreQM matching system, relationship forms and questionnaires ( hereafter collectively “Confidential Information”) and recorded videos. PreQM owns and hereby retains all proprietary rights in and to the Services and the Site including but not limited to all Confidential Information.

b. No Use of Confidential InformationYou will not post, copy, change, edit, transmit, disclose, show in public, create any derivative product from, distribute, make commercial use of, or reproduce (i) any Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without obtaining the prior written consent of PreQM.

c. Other Members’ InformationYou agree that you will not copy, modify, publish, transmit, distribute, display, commercially use or market PreQM or third party proprietary information available via the Member Services or the Site.

5. Member or Applicant Information

a. Privacy Statement.  By using the PreQM Site or Service, you consent to the PreQM terms and conditions contained herein.

b. No Contact Information.You may exchange contact information after both you and your matches agree to be introduced. You agree to permit PreQM to provide your personal contact information on your behalf after both you and your matches agree to be introduced.

c. Disclosure by Law. You acknowledge and agree that PreQM may disclose information that you provide if required to do so by law, at the request of law enforcement or if PreQM, in our sole discretion, believe that disclosure is reasonably necessary to prevent imminent or threatened harm.

d, Disclosure to Protect Abuse Victims. PreQM reserves the right, but is under no obligation, to disclose information that you submit to the Service, if in its sole judgment, PreQM suspects or has reason to suspect that the information involves a party who may be the victim of abuse. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, animal abuse, neglect or domestic violence.Information may be disclosed to authorities that PreQM, in its sole discretion, deems appropriate to handle such disclosure, specifically including, but not limited to law enforcement agencies, child protection agencies, animal rights organization. You agree that PreQM is permitted to make such disclosures.

6.  Links of Third-Party Web Sites/Dealings with Advertisers and Sponsors

The Services may contain links to web sites of third parties, including service providers and advertisers which are not under control of PreQMPreQM is not responsible for the content of any linked site or any link contained in a linked site or any changes or updates to other websites. PreQM provides links as a convenience and the link does not imply that PreQM endorses or accepts responsibility for the content on third-party websites. Your interaction or dealings with or participation in promotions of advertisers or sweepstakes sponsors found on or through the Services, including payment and delivery or related goods or services, any personal information or opt-in contact information provided to advertisers and sweepstake sponsors and any other terms, conditions, warranties or representations associated with such dealings are between you and such advertisers or sweepstakes sponsor. You agree that PreQM will not be responsible or liable for any loss or damage of any kind incurred as the result of such interactions, including the sharing of information that you supply to PreQM with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.

Views, suggestions, comments, offers or other information or content provided by the Service, either directly or indirectly through PreQM, are those of their respective authors and should not necessarily be relied upon. The authors are solely responsible for such content. PreQM does not warrant the accuracy, completeness or usefulness of any information provided on or through the Service, or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or comments made by any party other than PreQM. PreQM will not be responsible for any loss or damage resulting from a member or other person’s reliance on information or other content posted on the Service or transmitted to or by any members or users of the service.

7. Disclaimer of Warranty

a.     NO WARRANTIESTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PREQM PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PREQM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. PREQM DISCLAIMS LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILABILY OF THE SERVICES.

8.     Limitation of Liability

a.     INCIDENTAL DAMAGES AND AGGREGATE LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREQM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES INLCUDING DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF REPLACEMENT SERVICES, EVEN IF PREQM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL PREQM’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR IF YOU HAVE NOT PAID PREQM FOR THE USE OF ANY SERVICES, THE AMOUND OF $25.

b.      NO LIABILITY FOR ACTION OF YOU OR OTHERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREQM BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRET, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE.

c.     Information Verification. PreQM, its contractors and resource providers may use various publically available, legal, ways of verifying information that users have provided. None of those ways are perfect and you agree that PreQM, it’s contractors and resource providers will have no liability to you arising from any incorrectly verified information.

9. Indemnification

You agree to indemnify, defend and hold harmless PreQM, In Limine Ventures, Inc., its officers, directors, employees, agents and it’s parent, subsidiary and sister companies from claims, actions, liabilities or losses of any kind, including reasonable attorney fees, relating to or arising out of:

a.  your use of or inability to use the Site or Services,

b.  any user or member’s communications or comments about you,

c.  your violation of any terms of this Agreement or your violation of any rights of a third party or

d. your violation of any applicable laws, rules or regulations. PreQM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which event you will fully cooperate with PreQM in asserting any available defenses.

10. COMMUNICATION AND PRIVACY

You acknowledge and agree that PreQM may send messages to your email addresses, text messages, and/or call you at your mobile phone, work phone or home phone to notify you of prospective candidate matches, changes to the Service, or special offers.

11.  Term and Termination

This Agreement will become effective upon your acceptance of the PreQM Terms and Conditions and will remain in effect indefinitely unless and until terminated hereunder. Either you or PreQM may terminate your membership account for any reason, without explanation, effective upon sending written notice to the other party by email, or regular mail. You may terminate your membership by sending a notice of cancellation to: PreQM, Inc., Attn: Cancellations, 405 El Camino Real, no. 303, Menlo Park, CA 94025. In the event you breach the terms of this AgreementPreQM reserves the right to immediately suspend or terminate your access to the Service, without prior notice and remove your membership information and data from our Service and any other records at any time in our discretion. In the event that your membership is terminated or your access to the Site any of the Services is suspended due to your breach of this Agreement, you agree that all fees then paid to PreQM by you will be nonrefundable and all outstanding or pending payments will be immediately due. Following termination of a member’s use of the Singles Service, PreQM reserves the right to send a notice thereof to other qualified members with whom you have corresponded. 

12.  Cancellations

a. PreQM Members and Rolodexers: Cancellation at any time with no refundExcept as otherwise stated in this section, you may cancel your registration or membership subscription to any Service at any time during the term of such registration or subscription or any renewal period by accessing the Contact Us Form on the Membership Page. State “Cancel My Membership” as the subject, provide the information requested and submit. In such case, your membership will terminate at the end of the membership subscription term for which you have paid and will not receive any refund for any unused days of such subscription term. You can also log into your Paywhirl account and cancel your membership.

b. Cancellation with credit to new PreQM members. Except as otherwise stated in this section, you may cancel your registration or membership subscription no less than seven days prior to the end of your itinitial term or subscription by accessing the Contact Us Form on the Membership Page. State “Cancel My Membership” as the subject, provide the information requested and submit. In such case, your membership will terminate at the end of the membership subscription term for which you have paid. You will receive a credit back to your card within thirty days following of the end of your term. You can log into your Paywhirl account and cancel your membership.

c. Cancellations notices received less than seven days prior to the end of your term will not be entitled to a credit. In such case, your membership will terminate at the end of the membership subscription term for which you have paid and will not receive any refund for any unused days of such subscription term.

d. 3-Day Cancellation. You may cancel, without any penalty or obligation, prior to midnight of the third business day following the effective date of this Agreement excluding weekends and holidays. The day that you submit a completed membership application will be the date of this Agreement. In order to cancel this Agreement and your prospective membership, mail, fax or deliver a signed and dated notification that you, as the buyer, are cancelling this Agreement, or words of similar effect. This notice under this section shall be sent to PreQM, Inc., Attn: Cancellations, 405 El Camino Real, no. 303, Menlo Park, CA 94025. Please include the email address associated with your PreQM account in this notice. Any refunds under this 3-day cancellation policy will be made within 10 days of PreQMs receipt of your cancellation notice.

e. Cancellation as a Result of Death or Disability. If you are physically unable to receive and meaningfully participate in the Services for which you contracted due to death or disability, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability except as provided in subsection 3) below:

i) If you have prepaid any amount for the Singles Service, the amount prepaid allocable to services that you have not received will be promptly refunded to you or your representative.

ii) “Disability” means a condition which precludes you from physically using the Singles Service during the term of disability and the condition is verified in writing by a physician must be presented to PreQM.

iii) If the physician determines that the duration of the disability will be less than six (6) months, PreQM may extend the term of the Singles Service contract for a period of six (6) months at no extra expense to you in lieu of membership cancellation.

13. RENEWALS

a.  PreQM Members: In order to provide continuous service, PreQM automatically renews all paid members for the Services on the date such memberships expire. By entering into this Agreement, you acknowledge that your membership will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions under “Cancellation at Any time with No Refund” above.

b. Rolodexers auto renew on an annual basis. See 12. A. to cancel auto renewal. You can also log into your Paywhirl account and cancel your membership.

14.  Arbitration

a. Arbitration of Disputes under the California Arbitration Act [Code of Civil Procedure  section 1280, et seq.].

b. Except for claims of or relating to infringement or misappropriation of PreQM’s copyright, patent, trade secrets, trademark, service mark, trade dress or other intellectual property or proprietary rights, you and PreQM agree that any Disputes arising out of or related to the Site or the Services, this Agreement or any policy or practices of PreQM (hereafter collectively   “Dispute”) will be subject to FINAL AND BINDING ARBITRATION conducted pursuant to the California Arbitration Act ‘[ CCP § 1280 et seq.] and as otherwise set forth in this section to the maximum extent permitted by applicable law. The costs of the arbitration, including the fees of the arbitrator, shall be shared and paid equally between you and PreQM, subject to the arbitrator’s discretion to award the costs of the arbitration and arbitrator’s fees to the prevailing party. Arbitration will take place in San Mateo County, San Mateo, CA.

You agree that you are giving up your right to have the court adjudicate your dispute, your right to a jury trial, and that any such dispute will be determined by a neutral arbitrator, not a judge or a jury. Any proceeding to enforce this arbitration agreement, compel arbitration or enforce any arbitration award or decision shall be brought in the California Superior Court for the County of San Mateo.

c. No Class Actions. You and PreQM acknowledge that neither one of us will bring or participate in any class action or other class proceeding in connection with any Dispute. You agree to not to serve as representative of a class or other person in conjunction with any Dispute.

d. Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary and to the maximum extent permitted by applicable law, arbitration of any Dispute must be commenced within one (1) year after the date on which any right to pursue legal action on the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waver of such claim and serves as complete bar to any claim based upon any Dispute.

15.  General Provisions

a. Right to Seek InjunctionYou acknowledge that a violation of this Agreement may cause PreQM irreparable harm and therefore agree that PreQM will be entitled to seek injunctive relief in court, including temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or security, in addition to and without prejudice to any other rights or remedies that PreQM may have for a breach of this Agreement.

b. MiscellaneousThis Agreement constitutes the entire agreement between you and PreQM regarding the use of this Service and Site, superseding any prior agreements between you and PreQM related to your use of this Site or Services including any prior versions of this Agreement. Unless otherwise expressly provided to the contrary, this Agreement survives termination of your application and membership to the Service.

c. The failure of PreQM to exercise or enforce any right or provision of this Agreement shall not be deemed or constitute a waiver of and shall be without prejudice to PreQM’s right to subsequently exercise or enforce any such right or provision.

d. The extent any provision or part of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.  .

e. The section titles in this Agreement are for the convenience only and have no legal or contractual effect.

f. Attorney Fees. In any arbitration, legal action or other proceeding, for violation or breach of seeking a declaration of rights regarding the prevailing party, as that term is defined by Code of Civil Procedure section 1032(a)(4),shall be entitled to an award of its reasonable attorney fees and costs.

16.  DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify PreQM’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1988 (DMCA).  For your complaint to be valid under the DMCA, you must provide the following information in writing:

a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

b. Identification of the copyrighted work that you claim in being infringed;

c. Identification of the material that is claimed to be infringing and where it is located on the Site;

d. Information of the material that is claimed to be infringing and where it is located on the Site;

e. Information sufficient to permit PreQM to contact you including your address, phone number and email address;

f.  A statement that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or law;

g. A statement made under penalty of perjury that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

h. Submit this information to PreQM’s DMCA Agent: Designated Copyright Agent PreQM, Inc., Adelson, Hess and Kelly, Campbell, CA. copyright@PreQM.com (Any other inquiries or requests sent to this email address will be discarded). 

17.  Revision Date

This agreement was last revised on November 19, 2017.

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