Additional Terms and Conditions for eHarmony Premium Services
The following are specific Terms and Conditions that apply to the Premium Services offered by eHarmony ("PS Terms"). The PS Terms are intended to complement and not replace the general Terms and Conditions on the website.
You agree that we may suspend or terminate your access to any of the Premium Services below or your use of it at any time, for any or no reason, without warning or notice. We reserve the right not to provide you with any of the Premium Services offered by eHarmony if we reasonably believe that doing so may expose us to liability, in which case we may provide you with a full or partial refund as appropriate.
Any and all terms that are only addressed in the general eHarmony Terms and Conditions (the “Agreement”) will be incorporated by reference into the PS Terms. All Premium Service purchases or subscriptions may be cancelled, without any penalty or obligation, prior to midnight of the third business day after the date of purchase or subscription of the relevant Premium Service, in accordance with the 3-Day Cancellation section of the Agreement. The following sections in the Agreement, without limitation, will also be applicable to eHarmony’s third-party vendors: Disclaimer of Warranty, Limitation of Liability and Indemnification. In the event of a conflict between the Agreement and the PS Terms or the terms and conditions of any third-party vendor, the Agreement shall control.
Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The PS Terms are subject to change by eHarmony in its sole discretion, at any time, with or without notice. Your continued use of any of the Premium Services after the posting of revisions to the PS Terms will constitute your acceptance of such revisions. By using any of the Premium Services listed below, you hereby agree to the PS Terms.
- SECURE CALL®
- PREMIUM PERSONALITY PROFILE
1. SECURE CALL®.
The Secure Call® service is an eHarmony private calling service operated by Jajah, Inc. (“Jajah”) and provided to you through the eHarmony website. Using Secure Call, you can speak with your match using your landline or mobile telephone while not sharing your personal telephone number with your match. eHarmony and Jajah (collectively “we” or “us”) require you to agree to the terms below before we will provide you with the Secure Call service (whether a-la-carte or as part of the TotalConnect bundled package):
- License. You are hereby granted a limited, personal, non-assignable license to use the Secure Call service, for the sole purpose of personally using the Secure Call service.
- Use of Secure Call. You acknowledge and represent that you have all rights necessary to provide the phone number(s) you provided to Secure Call. You agree you will not use the Secure Call services for any purpose that is unlawful or prohibited by this Agreement or the general Terms and Conditions of the eHarmony website. . You agree not to access, use, or affect the Secure Call service in any way that would interfere with its performance or its availability to or use by other users. You agree not to use the Secure Call service in any way that would harass, embarrass, or interfere with the privacy of anyone.
- Right to Disclose. We reserve the right at all times to disclose any information regarding the usage of Secure Call we deem necessary to (a) ensure your compliance with this Agreement; (b) satisfy any applicable law, regulation or legal process; or (c) protect the rights, property, and interests of us, our employees or the public.
- Right to Add Features. Jajah, in its sole discretion and without prior notice, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Secure Call. This may result in Secure Call being temporarily unavailable.
- Refunds. In addition to our general refund policies, you agree that we will not refund you after your first use of the Secure Call service.
- Geographic Limitation. You agree that Secure Call may only be used in the following manner:
- eHarmony US users may only use Secure Call to contact other eHarmony US users and eHarmony Canada users.
- eHarmony Canada users may only use Secure Call to contact other eHarmony Canada users and eHarmony US users.
- eHarmony UK users may only use Secure Call to contact other eHarmony UK users.
- eHarmony Australia users may only use Secure Call to contact other eHarmony Australia users.
- Roaming Charges. In addition to the fee associated with your use of Secure Call, you will pay any additional charges incurred if you connect to the Secure Call services while you are in a country that is not the country associated with your fixed net or mobile phone carrier (“Roaming Charges”). Roaming Charges are charged in addition to any fees you may incur by your mobile phone carrier when connecting to Secure Call from another country.
- Ownership. Jajah retains the sole and exclusive ownership of all right, title and interest in the products and software offered via eHarmony’s Secure Call service and any of the related intellectual property rights relating thereto. Jajah is a licensee of U.S. Pat. No 6,308,070 owned by Selex Communications, Inc.
- Entire Agreement. For your relationship with Jajah, the terms and conditions of this Agreement constitute the entire agreement between you and Jajah with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
- Effective Date. This Agreement will be effective as of the date on which you purchase the Secure Call service and will remain effective until terminated by either us or you as set forth below.
- Access to Secure Call, Fees and Call Time Limits. Regardless of how you purchased the Secure Call service (as an a-la-carte service or as part of a bundle currently called TotalConnect): (a) your access to the Secure Call service will expire upon the expiration or termination of your subscription to the eHarmony services; (b) your mobile phone or home phone service provider may still charge you any applicable usage or per-minute fees in addition to the amounts you pay for the service; and (c) your use of the Secure Call service is subject to the following call time limits:
- 120 minutes per day,
- 300 minutes per week, and
- 1000 minute per month.
2. PREMIUM PERSONALITY PROFILE
- Access to PPP. If you have purchased PPP on an a-la-carte or individual basis, you will have access to the PPP and its results for as long as your account remains open.
- TotalConnect. If you have purchased PPP as part of the bundled product offered by eHarmony, which is currently called eHarmony TotalConnect, your access to and the right to use the PPP and its results expire upon the expiration or termination of your subscription to eHarmony’s services (including renewals and extensions).
- Access to Service. As we rely on your input to provide your PPP results, you agree to complete the PPP and all the questions therein within 30 days from your date of purchase. If the PPP questionnaire is not completed within 30 days from your date of purchase, we may deny future access to the service.
Copyright © 2000-2010 eHarmony, Inc. All Rights Reserved. EHARMONY, COMPATIBILITY PROFILE, COMPATIBILITY MATCHING SYSTEM, EXPERIENCE A LIFETIME OF LOVE, FALL IN LOVE FOR ALL THE RIGHT REASONS, WHO KNEW SCIENCE AND LOVE WERE SO COMPATIBLE?, A BETTER MARRIAGE. A BETTER LIFE., WHO'S RIGHT FOR ME?, WHO'S RIGHT FOR YOU?, PHOTO NUDGE, 29 DIMENSIONS, EHARMONY LABS, MARRIAGE ACTION PLAN, SECURE CALL, and several other marks, colours, and images are registered and common law trade-marks of eHarmony, Inc. Other trade-marks and brands are the property of their respective owners.