Terms and Conditions

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This is a legal agreement (“Agreement”) between you and PreQM Inc., a Delaware corporation (“PreQM”), which may be contacted at xxx, Menlo Park, CA 94025.  By utilizing the PreQM website, currently located at www.PreQualifiedMates.com and www.PreQM.com (the “Site”), and using any of the Services (as defined below) which are accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services.  If for any reason you do not agree to be bound by this agreement, do not use either the site or the services.  Your use of and/or participation in specific Services may be subject to additional terms, and these terms will be listed in this Agreement or may be delivered to you for your acceptance when you agree to use these Services.

The PreQM service consists of the following, without limitation: a service for single people (“Singles Service”), premium services offered by or on behalf of the PreQM (“Premium Services”), comprehensively referred to as the “Services.”  PreQM may offer additional services or revise any of the Services at its discretion and this Agreement applies to all additional services or revisions to Services.  PreQM reserves the right to cease offering any of the Services.

Please take the time to review this Agreement carefully, including the Arbitration provision in Section 15 (xxx), which describes the method of how Disputes (as defined below) will be resolved between us, and that no class actions may be brought under this Agreement.

This Agreement is subject to change by PreQM in its sole discretion at any time and any such changes will be posted on this Site.  Your continued use of this Site or Service after the posting of revisions to this Agreement constitutes your acceptance of such revisions.  Please consult the end of this Agreement to determine when the Agreement was last revised.

1.             Eligibility

2.             Use of Site and Service

3.             Proprietary Rights

4.             User Information

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

6.             Disclaimer of Warranty

{C}7.             Limitation of Liability

{C}8.             Indemnification

{C}9.             Complaints / Law Enforcement Contact

{C}10.          Communication and Privacy

{C}11.          Term and Termination

{C}12.          Cancellations

{C}13.          Renewals

{C}14.          Specific Terms Controlling the Services

{C}15.          Arbitration

{C}16.          General Provisions

{C}17.          Digital Millennium Copyright Act Notice

{C}18.          Revision Date

 1.    {C}Eligibility

                       {C}a.        Minimum Age.  You must be at least 21 years old to use the Site or to register xxx for the             Services.  By using the Singles Service, you represent and warrant that you are at least 21 years of age.

{C}b.        Marital Status.  By requesting to use, xxx registering to use, or using the Singles Service, you represent and warrant that you are not married.  If you are legally separated, but not yet legally divorced, you may request to use, register to use, or use the Singes Service.

{C}c.        Criminal History.  By requesting to use, registering to use and using the Singles Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity.  PreQM may conduct criminal background screenings on its members and applicants.  PreQM reserves the right to conduct any at any time and using available public records to confirm your compliance.  By agreeing to these terms and conditions, you hereby authorize any such checks.

{C}d.        Meeting Matching System Criterion.  The Singles Service requires your successfully completion of the Survey, the PreQM proprietary vetting process and interview.  If the system criterion is unsuccessful, membership to the Singles Service cannot be provided and the non-refundable application will be charged.

2.    Use of the Site and Service

As a qualified member of the service or a user registered to use any of the Services (a “Registered User”), you agree to the following:

Exclusive Use.  Your membership is for your personal use only.  You may not authorize others to use your membership, and you may not assign or otherwise transfer your membership to another person or entity.  You acknowledge that PreQM is not responsible for third party access to your membership account, which results from theft or misappropriation of your membership.

Geographic Limitations.  The site and services are intended for use in the United States of America.  You will use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including but not limited to the United Stated of America export control laws.  By using the Services, you represent that you have not been designated by the United States Government as a  “Specifically Designated National” or other person to whom the provisions of the Services are prohibited.  You are responsible for determining whether the user of the Servce is legal in your jurisdiction.

Information Submitted. You are responsible for and assume all liability concerning the information you provide to the Service, and for your interactions with other members through the Service.  The Service will share information about you with your matches.  Your matches may share information about you with their social network.

Risk Assumption and Precautions.  You assume all of the risk as a member of the Service, including all of the risks associated with interactions with others which includes dating.  You agree to take every precaution when meeting members through the Singles Service.  You agree to review and follow recommendations the PreQM Dating Safety Tips xxx which can be accessed in the xxx area of the PreQM website.

No Guarantees.  PreQM may not be able to provide matches for every qualified member of the Service.  PreQM makes no guarantee as to the number or frequency of matches or introductions through the Singles Service or to such matches’ ability, desire or criteria to communicate with any member.  You understand that PreQM makes no guarantee, either expressed or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.

Reporting of Violations.  You will promptly report to PreQM any violation of the Agreement by others.

Content Removal. PreQM reserves the right, but has no obligation, to monitor the information or material you submit to the Service.  PreQM has the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.  PreQM further reserves the right to remove matches or introductions previously provided to you, in its reasonable discretion, in order to assure that you have a quality experience the Service.

Posting and Communication Restrictions. You will transmit to other members, communicate content or links or otherwise engage in any activity on the Site or through the Services which:

i.     Promotes racism, bigotry, hatred or physical harm or any kind against any group or individual

 ii.     Is intended to or harasses, annoys, threatens or intimidates other members of the Service;

 iii.     Is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, objectionable;

 iv.     contains others’ copyrighted content without permission

{C}                                            v.     contains video, audio photographs, or images of another person without permission

{C}                                           vi.     promotes or enables illegal or unlawful activities, violates someone’s privacy, harms or harasses another person, obtains others’ identity information, creates or disseminates computer viruses, or circumvents copy-protected devices;

{C}                                         vii.     Intended to defraud, swindle or deceive other users of the Services;

{C}                                        viii.     contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices;

{C}                                            ix.     promotes or solicits involvement in or support of a political platform, religion, cult or sect;

{C}                                             x.     disseminates another persons personal information without permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

{C}                                            xi.     is off-topic, meaningless or otherwise intended to annoy or interferes with the enjoyment of the Service by others

{C}                                          xii.     Impersonates, or otherwise misrepresents affiliation connection or association with any person or entity;

{C}                                         xiii.     solicits gambling or engages in any gambling or similar activity;

{C}                                        xiv.     uses scripts, bots or other automated technology to access the Site or Services

{C}                                         xv.     uses the Site or Services for chain letter, junk mail or spam e-mails;

{C}                                        xvi.     collects or solicits personal information about anyone under 18;

{C}                                      xvii.     is any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

{C}i.      {C}No False Information.  You will not provide inaccurate, misleading or false information to PreQM or to any other member or user.  If information provided to PreQM or another user subsequently becomes inaccurate, misleading or false, you will promptly notify PreQM of such changes.

{C}j.      {C}No Advertising or Commercial Solicitation.  You will not advertise or solicit any user or member to buy or sell any products or services through the Site or Services.  You may not transmit any chain letters, junk or spam e-mail to other members.  You will not use information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.  If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to PreQM, but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to compensate PreQM $100 for every unsolicited communication you send through the Service.

{C}k.     {C}Unique and Bona Fide Profile.  As a qualified member of the Singles Service, your use of the Singles Service must be for sincere relationship-seeking purposes in order to maintain the integrity of the Singles Service

{C}l.      {C}Selection of Members.  You may be selected to be presented to compatible matches in order to enable you to meet a specific match.  You will be under no obligation to meet with or communication with the match or matches that we may present to you.

{C}m.  {C}No Harassment of PreQM Employees or Agents. You will not harass, annoy, intimidate or threaten PreQM employees or agents engaged in providing Services to you.

{C}n.    {C}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.  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 may be possible that after we are connected, some of your matches may be able to see information about your social network.  It may be possible that your matches may be able to see information about your social network using their own methods that may include internet searches, access to social networking sites.  By connected your PreQM account 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 xxx.  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.

{C}o.    {C}You do not become a member of PreQM under the guise of being introduced to another member in which you have a preexisting relationship in order to win a free trip.  If PreQM discovers that you have deceived PreQM with a preexisting relationship, you will compensate PreQM for the complete cost and expenses of the trip.

{C}p.    {C}PreQM intends to send each of the first three (3) couples who are introduced as qualified members of the Singles Service and marry on a first wedding anniversary vacation.  After you marry, and 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, xxx, Menlo Park, CA 94025.  Any correspondence other than marriage certificates to this address will be discarded.  Qualifications are: 1) you and your spouse must have been introduced via the PreQM Singles Service, 2) the marriage must be a legal marriage within the State in which you reside, 3) that you must be one of the first three (3) marriages from the PreQM service, 4) you and your spouse were not intending to join PreQM under false pretenses in order to win a free anniversary trip and were not engaged or intending to become engaged to each other prior to joining PreQM as qualified members, 5) 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 the marriage and that the marriage is intact after the first year.  The winners will be determined by 1) the marriage date printed on the marriage certificate and 2) 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.  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 on trips changed by you, luggage fees, tips, upgrade fees, misspelling of names on travel vouchers based upon names printed on the marriage certificate and provided by you, changes of venue, acts of god, injuries, medical expenses or inconveniences, directly or indirectly resulting from the free trip.  PreQM may provide your contact information directly to the travel agency or purveyors and may have the winners book the trips 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 trip.  PreQM reserves the right to discontinue the award trip at any time.  PreQM reserves the right to discard all records of marriage certificates received.  Copies of the first names and initials of the trip winners will be available after all award trips have been won.

3.    {C}Proprietary Rights.

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

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

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

{C}d.    {C}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 grant, represent and warrant that you have the right to grant to PreQM and its users and members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publically perform, 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.  PreQM may create, test or launch features or programs on the Site that you may choose to partake or may be part of a focus group with special rights in accordance with additional terms and conditions of these features or programs.  By partaking in these features or programs, you grant PreQM the rights stated in this subsection in connection with any additional terms and conditions of these features or programs.

4.    {C}Member or User Information.

{C}a.    {C}Privacy Statement.  By using the PreQM Site or Services, you consent to the PreQM terms and conditions contained herein.

{C}b.    {C}No Contact Information.  You agree that you will not post contact information of any sort on the PreQM site or on a profile page that you may have on a third party website or in communications with PreQM members.  You may exchange contact information after both you and your matches agree to be introduced.  You agree to permit PreQM to provide you personal contact information on your behalf after both you and your matches agree to be introduced.

{C}c.    {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 a third party or if PreQM, in our sole discretion, believe that disclosure is reasonable to:

 i.     comply with the law, requests or orders from law enforcement or other legal process which or not such disclose if required by applicable law

 ii.     protect or defend PreQM or a third party’s rights or property;

 iii.     protect someone’s health or safety, such as when harm or violence against another person is threatened

{C}d.    {C}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 opinion, 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.  Appropriate authorizes may include law enforcement agencies, child protection agencies, animal rights organization, or court officials.  You hereby acknowledge and agree that PreQM is permitted to make such disclosures.

5.    {C}Links of Third-Party Web Sites/Dealings with Advertisers and Sponsors

The Services may contain links to web sites of third-parties, including advertisers which are not under control of PreQM.  PreQM 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 opt0ib 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 advertise or sweepstakes sponsor.  You agree that PreQM will not be responsible or liable for any loss or damage of any sort 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 present of such advertisers on the Services.

6.    {C}Disclaimer of Warranty

{C}a.    {C}No Warranties.  THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PREQM PROVIDES THE SERVICES ON AN “ASIS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OR ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE INCLUDING ALL INFORMATION CONTAINED THEREIN, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PPUROSE OR NON-INFRINGEMENT.  PREQM DOES NOT WARRANT THAT YO USER OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERIVCES WILL BE CORRECTED.  PREQUM DISCLAIMS LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO THE CONNECTIVITY AND AVAILALILIBY OF TE SERVICES.

{C}b.    {C}Third Party Content.  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 guarantee 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, advise or comments made by any party other than PreQM.   PreQM will not be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the service or transmitted to or by any members or users of the service.

{C}c.    {C}Beta Features.  PreQM may offer new beta features or tools which its members may experiment on the Service.  Such features or tools may be offered for experimental purposes and without warranty and may be modified or discontinued at the discretion of PreQM.  The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.

7.    {C}Limitation of Liability.

{C}a.    {C}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 IN 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 LIAILITY, 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, IF YOU HAVE NOT PAID PREQM FOR THE USE OF ANY SERVICES, THE AMOUND OF $25US.

{C}b.    {C}No Liability for Non-PreQM Action.  TO THE MAXIMUM EXTENT PREMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREQM BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRET, GENERAL, SPECIAL, CMPENSATORY, 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 BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING FROM COMMUNICATINOS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE.  THIS IS INCLUSIVE OF CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFAUD OR HARM YOU.

{C}c.    {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.

8.    {C}Indemnification.  You agree to indemnify, defend and hold harmless PreQM, it’s subsidiary and parent companies and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses including reasonable attorney’s fees relating to or arising out of any third party claim that your: a) use of or inability to use the Site or Services, b) any user or member’s 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.

9.    {C}Complaints/Law Enforcement Contact.

In order to resolve a complaint regarding the Service, e-mail PreQM by clicking xxx contactpreqm.  Law enforcement officials may send correspondence to PreQM via fax at xxx.  All other communication or inquiries sent to this fax number will be discarded.

10. {C}Communication and Privacy.  We may send messages to your email addresses, text messages, and call you at your mobile phone, work phone or home phone to contact you about notifying you or prospective candidate matches, changes to the Service, or special offers.  We may contact you to communicate with you regarding the Service.

11. {C}Term and Termination.

This Agreement will become effective upon your acceptance of the Agreement by checking the Accept box xxx and will remain in effect in perpetuity unless terminated hereunder.  Upon occasion, PreQM may have a candidate or match to present to a former client after a formerly qualified member’s contract has expired.  PreQM reserves the right to present this candidate to you, at no cost or obligation to you at that time.  If you choose to process with the introduction and interaction with the candidate, PreQM shall be held harmless and will be protected under the provisions of this agreement even though the membership period has expired.

Either you ore PreQM may terminate your membership account for any reason without explanation, effective upon sending written notice to the other party which may be in the form of email.  PreQM reserves the right to immediately suspend or terminate your access to the Service, without notice.  We also reserve the right to remove your membership information and data from our Service and any other records at any time at our discretion.  In the event that your access to any of the Services is suspended due to a 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.  You may terminate your membership by sending a notice of cancelation to: PreQM, Inc., Attn: Cancellations, xxx, Menlo Park, CA 94025.  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. {C}Cancellations

{C}a.    {C}Cancellation at any time with no refund.  Except 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 “Cancel My Membership” link and providing the information requested.  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.  If you purchase a membership on an installation payment basis such as a multi-part pay, your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.

{C}b.    {C}3-Day Cancellation.  Regarding the Singles Service, you, the buyer, may cancel the membership, without any penalty or obligation prior to midnight of the third business day following the date of this agreement including weekends and holidays.  In order to cancel this agreement, mail or deliver a signed and dated notice or send a telegram which states that you, the buyer, are cancelling this Agreement, or words of similar effect.  This notice under this section shall be sent to PreQM, Inc., Attn: Cancellations, P O Box XXX, Menlo Park, CA 94025.  Please include the email address associated with your PreQM account in this notice.  For Singles Services, the day that you submit a completed survey form will be the date of this Agreement.  Any refunds under this 3-day cancellation policy will be made within 10 days after PreQM’s receipt of your cancellation notice.  For qualified members who have successfully completed the vetting process and interview, and have paid the membership fee, the 3-day cancellation policy will be made within 10 days after PreQM’s receipt of your cancellation notice.

{C}c.    {C}Cancellation as a Result of Death or Disability. If you are unable to receive the Singles 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 iii below:

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

{C}                                             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.

{C}                                            iii.     If the physician determines that he 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. {C}Renewals

In order to provide continuous service, PreQM automatically renews all paid members for the Services on the date such memberships expire.  We always communicate renewal period to you before you finalize the purchase of your subscription and upon confirmation of purchase.  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.

14. {C}Arbitration

{C}a.    {C}Arbitration of Disputes.  You and PreQM agree that any disputes arising out of or related to the Site or the Service, this Agreement or any policy or practices of PreQM (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law.  The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of PreQM’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights which PreQM may elect to have resolved by means other than arbitration.  PreQM is interested in attempting to resolve any Disputes by amicable and informal means and we strongly encourage you to contact us before resorting to arbitration.  You and PreQM agree that we are each giving up our right to go to court in connection with any dispute, and that our rights will be determined by a neutral arbitrator, not a judge or a jury.

{C}b.    {C}No Class Actions.  You and PreQM acknowledge that neither or us will bring or participate in any class action or other class proceeding in connection with any dispute with the other party.  Neither you nor PreQM agrees to class arbitration or any arbitration where a person brings a dispute as a representative or other person(s).

{C}c.    {C}Arbitration Procedure.  If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), xxx a non-profit organization unaffiliated with PreQM in accordance with its Commercial Arbitration Rules and if deemed appropriate by the arbitrator, the Supplementary Procedures for the Consumer-Related Disputes.

{C}d.    {C}Enforcement.  Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.

{C}e.    {C}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, any Dispute must be filed within one (1) year after the date in which the incident giving rise to 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.

{C}f.      {C}Arbitration will take place in San Mateo County, San Mateo, CA.

15. {C}General Provisions

{C}a.    {C}Right to Seek Injunction.  Violation of this Agreement may cause PreQM irreparable harm and therefore agree that PreQM will be entitled to seek extraordinary 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.

{C}b.    {C}Miscellaneous.  This agreement which you accept upon launching the survey xxx for the Services and any applicable payment, renewal, additional Services, terms, comprise the entire agreement between you and PreQM regarding the use of this Service, 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 explicitly stated, the Agreement will survive termination of your application and membership to the Service.  The failure of PreQM to exercise or enforce any right or provision of this Agreement does not constitute a waver of such a right or provision.  If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.  The section titles in this Agreement are for the convenience only and have no legal or contractual effect.

16. {C}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 of 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:

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

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

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

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

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

{C}f.      {C}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

{C}g.    {C}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.

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

17. {C}Revision Date

This agreement was last revised on September 28, 2014.

Copyright c 2014 PreQM, Inc. All Rights Reserved.  Other trademarks and brands are the property of their respective owners. 

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