Terms and Conditions of Service




This agreement (“Agreement”) creates a binding legal obligation between you and eHarmony, Inc., a Delaware corporation (“eHarmony”), which may be contacted at P.O. Box 60157, Pasadena, California 91116. By accessing the eHarmony Australia web site, currently located at www.eHarmony.com.au (the “Site”), and where applicable, receiving or registering to use any of the Services (as defined below), you become a user and agree to, and are bound by, the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.

The eHarmony services consist of the following, without limitation: a service for single people (“Singles Service”), interactive content and community services such as eHarmony Advice (“Content Services”), any premium services offered by or on behalf of eHarmony (“Premium Services”), and eHarmony Labs services (“Labs”) (collectively, the “Services”). eHarmony may offer additional services or revise any of the Services, at its discretion and with or without notice, and this Agreement will apply to all additional services or revised Services. eHarmony also reserves the right to cease offering any of the Services at any time without prior notice.

This Agreement is subject to change by eHarmony in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of changes to this Agreement will constitute your acceptance of such changes. Please consult the end of this Agreement to determine when the Agreement was last revised.

  1. Eligibility.
  2. Use of Site and Services.
  3. Proprietary Rights.
  4. User Information.
  5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
  6. Disclaimer.
  7. Limitation of Liability.
  8. Indemnity.
  9. Complaints / Law Enforcement Contact.
  10. Communication and Privacy.
  11. Termination and Suspension of Service.
  12. Cancellation of Service.
  13. Automatic Renewal Period.
  14. General Provisions.
  15. Take-down Notices.
  16. Revision Date.

1. Eligibility.

  1. Minimum Age. You must be at least 13 years old to use the Site (or the age of majority in your jurisdiction, if it is older), and at least 18 years old (or the age of majority in your jurisdiction, if it is older) to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.

  2. Marital Status. By requesting to use, registering to use, or using the Singles Service, you represent and warrant that you are not married or in a “de facto” relationship. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Singles Service.

  3. Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of an indictable offence and are not required to register as a sex offender with any government entity. eHarmony does not currently conduct regular criminal background screenings on its members. However, to the extent permitted by law and upon reasonable grounds, eHarmony reserves the right to conduct criminal background checks, at any time and using available public records, to confirm your compliance with this clause.


2. Use of Site and Services.

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

  1. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that eHarmony is not responsible for any loss incurred by you which arises as a result of third party access to your account that results from the sharing by you or the theft or misappropriation of your user name or passwords.

  2. Geographic Limitations. The Site and Services are intended for use in Australia. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are prohibited in your jurisdiction, you may not use the Services.

  3. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.

  4. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including subsequent in-person meetings of eHarmony users such as dating. You acknowledge that eHarmony is unable to guarantee the accuracy of information provided to you by or about other Registered Users, and that eHarmony is unable to confirm that any Registered User is who he or she claims to be. You agree to take all necessary precautions when communicating with or meeting individuals through the Singles Service. In addition, you agree to review and follow the recommendations set forth in eHarmony’s Safety Tips, which will be provided to you prior to entering the “Open Communication” phase with your matches in the Singles Service and is available at the bottom of all pages of the Singles Service. You understand that eHarmony makes no representations, warranties or guarantees, either express or implied, regarding your ultimate compatibility with any individuals you may meet through the Singles Service or as to the conduct of such individuals. You further understand that eHarmony makes no representations, warranties or conditions, either express or implied, as to number or frequency of matches made available to you through the Singles Service.

  5. Reporting of Violations. You will promptly report to eHarmony any violation of the Agreement by others, including but not limited to, Registered Users.

  6. Content Removal. eHarmony reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. eHarmony will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, or the letter or spirit of this Agreement, or upon the reasonable request of any third party. Notwithstanding this right of eHarmony, you remain solely responsible for the content of the materials you post.

  7. Posting and Communication Restrictions. In addition to the terms of this Agreement, you agree to abide by the Community Guidelines, which are incorporated by reference into this Agreement, when posting content on the Content Services. You must not post onto the Site or the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in or encourage any activity when using the Site or the Services that:

    1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    2. is intended to or has the effect of harassing, threatening or intimidating any other users of the Site or Services;

    3. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, fraudulent or otherwise objectionable;

    4. contains content or links to content (including but not limited to music, movies, videos, photographs, images, software, etc.) that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity);

    5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

    6. promotes or encourages illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain other people’s identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

    7. is intended to or has the potential to defraud, swindle or deceive other users of the Services;

    8. contains viruses, time bombs, trojan horses, cancelbots, worms, restricted or hidden password protected pages or other harmful, or disruptive codes, components or devices;

    9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

    10. disseminates or otherwise discloses another person’s personal information without his or her prior permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;

    11. is intended to interfere with other users or potential user’s enjoyment of the Site or Services;

    12. impersonates, or otherwise misrepresents an affiliation, connection or association with, any person or entity;

    13. solicits gambling or engages in any type of gambling, gaming or similar activity;

    14. uses scripts, bots or other automated technology to access the Site or Services;

    15. uses the Site or Services for chain letter, junk mail or ‘spam’ e-mails in contravention of the Spam Act 2003 (Cth);

    16. collects or solicits personal information from anyone under age 18 or is otherwise predatory; or

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


  8. No False Information. You must not knowingly provide inaccurate, misleading or false information to eHarmony or to any other user. If information you provide to eHarmony or another user of the Site subsequently becomes inaccurate, misleading or false, you must promptly notify eHarmony of such change by making appropriate corrections.

  9. No Advertising or Commercial Solicitation. You must not advertise or solicit any user to buy or sell any products or services through the Site or Services. You must not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any 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 clause 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 eHarmony. Without limiting eHarmony’s other rights and as a reasonable estimation of such harm, you agree to pay eHarmony $50 (AUD) for each such unsolicited commercial communication you send through the Services.

  10. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. Your use of the Singles Service must be for bona fide relationship-seeking purposes (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Your subscription may be terminated by eHarmony if eHarmony becomes aware you are using the Singles Service for any other purpose. Not all users registered on the Site are available for matching. From time to time, eHarmony may create test profiles in order to monitor the operation of the Services.

  11. No Harassment of eHarmony Employees or Agents. You must not harass, annoy, intimidate or threaten any eHarmony employees or agents engaged in providing any part of the Services to you.


3. Proprietary Rights.

  1. Ownership of Proprietary Information. You acknowledge and agree that eHarmony, its licensors and licensees own and retain all intellectual and other proprietary rights in the Site and the Services, including without limitation; the patented compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, “Proprietary Information”).

  2. No Use of Proprietary Information. You must not post, copy, modify, communicate, transmit, publish, perform, display, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) the Proprietary Information or (ii) other copyrighted material, trade-marks and other proprietary content accessible via the Site and the Services, without first obtaining the prior written consent of the owner of the proprietary rights.

  3. Other Users’ Information. Other Registered Users may post copyrighted content, which has copyright protection whether or not it is identified as copyrighted. Except for that content for which you have been given permission, you agree that you will not copy, modify, communicate, transmit, publish, perform, display, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any eHarmony or third party copyrighted content which is made available via the Services or the Site.

  4. Grant of Licence. By posting information or content to any profile pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to eHarmony and its users, an irrevocable, perpetual, non-exclusive, fully-paid (and royalty free), worldwide licence to use, reproduce, communicate, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content. From time to time, we may create, test or implement new features or programs on the Site (e.g, rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this clause in connection with the additional terms and conditions (if any) of such features or programs.


4. User Information.

  1. Your Privacy. You acknowledge that eHarmony may transfer your personal information to eHarmony's offices overseas, including but not limited to in the United States of America, and may share your personal information with third parties employed to provide some or all of the Services. By registering to use the Services, you consent to this transfer of your personal information. For more detailed information about the collection and use of information and material provided by you, please read eHarmony’s Privacy Policy located on the Site. By using the Site and/or accepting these terms and conditions where provided, you are consenting to be bound by the terms of eHarmony’s Privacy Policy which is incorporated by reference into this Agreement.

  2. Confidentiality. With the exception of the information provided to other Registered Users pursuant to the terms of the Service and as provided in eHarmony’s Privacy Policy or below, eHarmony will keep confidential all information supplied to eHarmony by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court or applicable law. If you choose to accept any offers from third-party advertisers made through the Site, eHarmony may supply the advertiser with information you provided to eHarmony, including billing information. For additional information about the collection and possible use of information provided by you, please read eHarmony’s Privacy Policy.

  3. No Contact Information. Prior to reaching the “Open Communication” phase of the Site, you agree not to include any personally identifiable information (including but not limited to personal email, website addresses or identifiers issued by third party providers) in the “About Me” section of the Singles Service or in any communication with other users when using the Service. You may, at your discretion, exchange such information after you reach the “Open Communication” phase with other Registered Users in accordance with this Agreement. eHarmony accepts no responsibility for any personal contact you may have with your matches or other users, whether by using the Services or by other means.

  4. Disclosure By Law. eHarmony may disclose information you provide to other Registered Users in the course of providing you with the Services. You acknowledge and agree that eHarmony may also disclose information you provide if required or permitted to do so by law, or if we, in our sole discretion, believe that disclosure is necessary to (1) comply with the law, requests or orders from law enforcement, or any legal process; (2) protect or defend eHarmony’s rights ; or (3) protect another person’s life, health or safety, such as when harm or violence against any person (including the user) is threatened.

  5. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, eHarmony reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, eHarmony suspects or has reason to suspect, that the information involves a party who may be the victim of abuse or other violation of the law, in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that eHarmony reasonably believes will lessen or prevent the abuse. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You acknowledge and agree that eHarmony is permitted to make such disclosure.

  6. Use of Anonymous Information for Research. By using the Services, you agree to allow eHarmony to use anonymized information from you and your experiences through the Services to continue eHarmony’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behaviour research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personally identifiable information.


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

The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of eHarmony and eHarmony is not responsible for the content of any linked site or any link contained in a linked site, or for any changes or updates to such web sites. eHarmony provides these links to you only as a convenience, and the inclusion of any link does not imply that eHarmony endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that eHarmony is not responsible or liable for any claim, loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings, including but not limited to the sharing of the information you supply to eHarmony with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers or sweepstakes sponsors on the Site or Services, apart from any liability which is unable to be excluded by statute. Please read our Privacy Policy to learn more about how we collect, use and disclose your personal information.


6. Disclaimer.

  1. No warranties. This section will apply to the maximum extent permitted by applicable law. eHarmony provides the services on an “as is” and “as available” basis and disclaims all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Site (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership. To the extent eHarmony is not permitted to exclude any implied warranties, our liability is limited (at our option) to (a) where the breach relates to goods, the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; or (b) where the breach relates to the supply of a service, resupplying the service or payment of the cost of having the service resupplied. To the extent permitted by law, eHarmony does not warrant that your use of the site or services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the site or services will be corrected. eHarmony disclaims liability for, and no representation or warranty is made with respect to the connectivity and availability of the services. The provisions of the United Nations Convention on Contracts for the International Sale of Goods is hereby disclaimed.

  2. Third party content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by eHarmony, are those of their respective authors (who may be other users) and should not necessarily be relied upon. Such authors are solely responsible for such content. eHarmony does not guarantee the accuracy, completeness or suitability of any information provided on the Site or Services, nor adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than eHarmony. Under no circumstances will eHarmony be responsible for any claim, loss or damage resulting, directly or indirectly, from any person’s reliance on information or other content posted on the Site or Services, or transmitted to or by any users.

  3. Beta features. From time to time, eHarmony may offer new “beta” features or tools with which its users may experiment on the services. Such features or tools are offered solely for experimental purposes and without any representations, warranties or conditions of any kind, whether express, implied or collateral, and may be modified or discontinued at eHarmony’s sole discretion. The provisions of this clause 6 apply with full force to such features or tools.


7. Limitation of Liability.

  1. Limitation and Liquidated Damages. To the extent permitted by law, in no event shall eHarmony be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the site or services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if eHarmony knows or has been advised of the possibility of such damages. Under no circumstances will eHarmony’s aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the site, exceed the price paid by you for your account. eHarmony shall not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third party advertisers or resulting from the presence of such advertisers on the Site or Services.

  2. No Liability for Users of the Site. While eHarmony performs an initial limited screening of individuals registering for the Services, eHarmony makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. To the maximum extent permitted by law, in no event will eHarmony be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Registered Users of the Services or persons introduced to you by the Services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.

  3. Information Verification. While eHarmony and its contractors use various methods of verifying information provided by users of the Site, you acknowledge and agree that eHarmony and its contractors make no representations or warranties as to the accuracy of that information and have no liability to you arising from any incorrectly verified information.


8. Indemnity.

You agree to indemnify, defend and hold harmless eHarmony, its officers, directors, employees, agents and third parties, against any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any content posted by you, (c) your breach 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. eHarmony reserves the right, at its own expense, to defend any claims, proceedings, suits or actions and otherwise take control of any matter subject to the indemnity in this clause, in which event you will give to eHarmony all assistance required by eHarmony.


9. Complaints / Law Enforcement Contact.

To resolve a complaint regarding the Site or Service, you should first review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the eHarmony website, or contact us by clicking on the “e-mail us your question” link on the FAQ page. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to eHarmony via facsimile (in USA) at 0011 1 (626) 628-3467.


10. Communication and Privacy.

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.


11. Termination and Suspension of Service.

Either you or eHarmony may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. eHarmony reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time in our sole discretion. In the event your access to any of the Services is suspended or terminated due to a violation by you (determined by eHarmony in its sole discretion) of the terms of this Agreement, you agree that all fees then paid to eHarmony by you will be nonrefundable and all outstanding or pending payments will immediately be due and payable. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: eHarmony, Inc., Attn: Cancellations, P.O. Box 60157, Pasadena, California USA 91116. Following any termination of your use of the Singles Service, eHarmony reserves the right to send a notice confirming the termination of your account to other Registered Users with whom you have corresponded.


12. Cancellation of Service.

  1. Cancellation at any Time With no Refund. You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the “Account Settings” page under the “My Settings” option on your membership home page, clicking on “Cancel My Subscription” link, and providing the information requested. In such case, you acknowledge that your subscription will terminate at the end of the subscription term for which you have paid, and you agree that you will not receive any refund for any unused days of such subscription term.

  2. 3-Day Cooling-Off Period for Singles Service. If you purchase the Singles Service, you, the buyer, may cancel the purchase without any penalty or obligation at any time prior to midnight (Australian EST) of the third business day following the date of this Agreement, excluding Sundays and holidays. To cancel the purchase, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. A notice under this Section may be sent to eHarmony, Inc., Attn: Cancellations, P.O. Box 60157, Pasadena, California USA 91116. Alternatively, you may cancel the purchase by contacting Customer Care via clicking on the Help link located at the bottom of any page of the eHarmony website to reach our FAQ page, clicking on the “email us your question” link on the FAQ page and sending us an e-mail stating that you, the buyer are canceling this Agreement, or words of similar effect. For the purposes of this clause, the date (Australian EST) that you submit a completed subscription form will be the date of this Agreement. A business day is any day except for Sundays and New South Wales public holidays. Any refunds under this 3-day cancellation policy will be made within 10 days from eHarmony’s receipt of your cancellation notice.

  3. Cancellation of Singles Service as a Result of Death or Disability. If by reason of death or disability you are unable to receive all Singles Services for which you contracted, 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).

    1. If you have prepaid any amount for the Singles Service, so much of the amount prepaid that is capable of allocation to Services that you have not received shall be promptly refunded to you or your representative.

    2. “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 designated and remunerated by you. Written verification from the physician must be presented to eHarmony.

    3. If the physician determines that the duration of the disability will be less than six (6) months, eHarmony may extend the term of the Single Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.


13. Automatic Renewal Period.

In order to provide continuous service, eHarmony automatically renews all paid subscriptions for Services 24 hours before such subscriptions expire. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on), except for annual subscriptions which will renew on a monthly basis after expiration of the annual period. In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. You acknowledge and agree that your account is subject to the automatic renewal periods described in this clause. If you do not wish your account to renew automatically, please follow the directions set out under “Cancellation at any Time With no Refund” in clause 12.a. to cancel your subscription prior to the renewal date.


14. General Provisions.

  1. Law and Jurisdiction. This Agreement is governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and courts hearing appeals from those courts. Notwithstanding this, before resorting to any external dispute resolution mechanisms the parties agree to firstly attempt to settle any dispute arising out of or in connection with this Agreement, the Site or the Services by mediation. Unless otherwise agreed by the parties, the mediation shall be conducted by teleconference and the venue for any alternative dispute resolution shall be in Los Angeles, California. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief (including urgent interlocutory relief) at any time.

  2. Miscellaneous.

    1. This Agreement, the Privacy Policy located on the Site, and any applicable payment, Renewal Period, or Additional Services terms comprises the entire agreement between you and eHarmony regarding the use of this Site and the Services, superseding any prior agreements between you and eHarmony related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement).

    2. Unless otherwise expressly stated, the provisions of this Agreement will survive termination of your registration to the Services.

    3. The failure of eHarmony to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.

    4. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.

    5. To the maximum extent permitted by law, any claim or cause of action arising out of or related to the use of the Site, Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    6. The clause titles in this Agreement are for convenience only and have no legal or contractual effect.


15. Take-down Notices.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify eHarmony’s copyright agent. For your complaint to be valid, you must provide the following information in writing:

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

  2. Identification of the copyrighted work that you claim is being infringed;

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

  4. Information reasonably sufficient to permit eHarmony to contact you, such as your address, telephone number, and e-mail address;

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

  6. A signed statement that the above information is accurate and that you are the copyright owner or are authorised to act on behalf of the owner.

The above information must be submitted to the following contact:

Designated Copyright Agent
eHarmony, Inc.
P.O. Box 60157
Pasadena, California USA 91116
Fax (in USA): 0011 1 (626) 578-7765
copyright@eHarmony.com


16. Revision Date.

This Agreement was last revised on May 29, 2009.





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