Terms and conditions of service
The eharmony Services consist of the following, without limitation: a Service for single people seeking romantic relationships (the “Singles Service”), a content Service such as eharmony Advice, containing articles about and related to relationships, and any additional services currently offered or which will be offered in the future by or on behalf of eharmony. eharmony may offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. eharmony also reserves the right to cease offering any of the Services.
Subject to this paragraph, we may make changes to this Agreement at any time by posting an updated version of the Agreement on our website, including to update our processes, reflect updates to services and implement changes to address legal requirements. If we change this Agreement in a way materially detrimental to you, as determined in eharmony’s reasonable discretion, we will additionally notify you via email. Your continued use of the Services after the effective date of changes to this Agreement will constitute your acceptance of such changes. If we make a materially detrimental change, provided that you have not used the Services since the effective date of the change, you may cancel your registration or subscription and seek a refund as set out in section 12. Please consult the end of this Agreement to determine when the Agreement was last revised.
- 1. Eligibility
- 2. Use of the Services
- 3. Proprietary Rights
- 4. User Information
- 5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors
- 6. Disclaimer of Warranty and Conditions
- 7. Limitation of Liability
- 8. Indemnification
- 9. Complaints / Law Enforcement Contact
- 10. Communication and Privacy
- 11. Term and Termination
- 12. Cancellations & Account Holds
- 13. **RENEWALS**
- 14. Governing Law & Venue
- 15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
- 16. General Provisions
- 17. Digital Millennium Copyright Act Notice
- 18. Revision Date
a. Minimum Age. You must be at least 18 years old to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old.
b. Marital Status. By registering to use or using the Singles Service, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not register to use or use the Singles Service.
c. 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 a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. EHARMONY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, eHarmony reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
d. Meeting Matching System Criteria. The Singles Service requires your completion of the Compatibility Quiz for eharmony to find highly compatible potential partners for you. eharmony will not be able to provide partner suggestions to users who have not completed the Compatibility Quiz.
2. Use of the Services
As a user of any of the Services (a “Registered User”), you agree to the following:
a. Basic Membership. It is free to register for the Singles Service, which may be used by you at no cost (“Basic Membership”). Once you have registered by providing preliminary information (including email address and password), you will be asked to answer a scientifically-based Compatibility Quiz which has been structured by reference to specific psychological criteria. The results of the Compatibility Quiz as well as comprehensive statistical comparative data are used by eharmony to automatically create your individual personality profile. Your personality profile will then be integrated into the eharmony database. Once in our database, your personality profile is (through an automated process) matched up to the profiles of other eharmony members, which enables eharmony to determine your compatibility with those members. Using this information, eharmony will send you partner recommendations (“matches”), which will appear in your online profile and be sent via email. This information will be provided to you as a condensed profile of the other compatible members, each containing a short description of a match, your compatibility score, along with your match’s primary profile photo. Please note that, as a Basic member, you will only be able to view blurred versions of your matches’ profile photos. However, you may be able to see an unblurred version of your matches’ primary profile photos in some instances, at our discretion. As a Basic member, you may send an unlimited number of predefined communications (for example, a smile) to your matches subject to the terms of this Agreement; however, you will only have a limited ability to send and read personalized messages. Please note that we may limit the number of predefined communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. As a Basic member, you will not receive a copy of your personality profile, but you may purchase a PDF copy of the personality profile at the price listed on the Service at the time of purchase.
At our discretion, we may offer Basic members free or chargeable credits that can be redeemed in the form of unlocking individual profiles of recommended partners, a feature that is usually restricted in the Basic Membership. If this feature is made available to you, you will then be able to use the profile unlock function to the extent made available to you and in accordance with these Terms and Conditions of Service. The unlocked period ends either after six months (or any other time period disclosed at time of offer) or once the unlocked profile is no longer active, whichever is earlier. Credits are linked to and stored in your Basic Membership account. They cannot be transferred to a Premium Membership or other members, nor can they be traded in, exchanged for money, or used to settle outstanding payments. eharmony may reduce the period of validity of free credits at any time at its discretion as permitted by law. eharmony reserves the right to change or impose other terms and conditions on free or chargeable credits.
b. Premium Membership. The Singles Service includes a membership option that offers features not available under a Basic Membership, for which you will need to purchase a subscription (“Premium Membership”). If you purchase a Premium Membership, you will regularly receive updated matches from eharmony in your online profile and via email. These matches will be updated to include new members who have been added to our database since you became a Premium member. As a Premium member, you will be able to see unblurred match photos (primary and any additional photos), contact and initiate communication with matches (including video chat), conduct searches for matches based on specific criteria and respond to matches’ communications without restriction (including video chat). Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. eharmony will also provide each Premium member his or her personality profiles as a PDF file by email.
c. Subscription. To become a Premium member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties, and related processing charges. You will be able to see the total subscription fee, including applicable taxes and duties (if available), and related processing charges on the final payments page. eharmony currently offers 6, 12, and 24-month Premium Memberships which, unless cancelled by you in accordance with this Agreement, automatically renew for consecutive 12 month terms (or other term lengths, as agreed-upon by you during the purchase process) unless prohibited by applicable law. Cancellation of auto-renewal must be initiated at least 24 hours before the end of your current term. When purchasing a Premium Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account number.) You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a “network token” (a unique personal identifier used only for billing purposes) to facilitate your payments. For more information about tokenization, please see our payment processor’s explanation on its website. You agree to pay all valid charges incurred by you or any other user of your account (including all instalment payments and/or fees, if applicable), any applicable taxes on your purchase, and/or any additional fees for the use of any payment mechanism or account connected to your eharmony subscription, including any processing charges relating to your subscriptions. If a scheduled payment using the billing account or credit or debit card associated with your subscription is attempted and declined for any reason, our payment processor will automatically reschedule the payment until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account, and we may suspend or terminate your subscription until the outstanding payments are successfully processed. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not necessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and that we will update this information in your account and use such information to process future payments. By subscribing, you authorize us and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You may select to purchase a plan in one upfront payment or in instalments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes and fees to which your subscription may be subject, which is subject to change and may vary by your place of residence at the time of subscription. Instalment plans may be subject to additional terms and conditions, which will be consented to at the time of purchase.
For subscribers of the Australian Service: All subscription fees and other payments which are directly collected by eharmony for our Australian Service are processed by our Australian subsidiary, eHarmony Australia Pty Ltd (ABN 35 143 539 655).
d. Access to Services and subscription using Non-eharmony Services. You may download the eharmony mobile Application and purchase a Premium Membership using your Apple ID or Google account (each, a “Non-eharmony Service”) and use the Application on your iPhone or Android mobile device. Any subscriptions purchased through a Non-eharmony Service will be charged by the Non-eharmony Service and will be subject to the terms of your selected Premium Membership and the applicable terms of service of the Non-eharmony Service. Premium Memberships purchased through the Non-eharmony Services are subject to the payment terms agreed upon by you upon subscription. To cancel auto-renewal or terminate a Premium Membership purchased through a Non-eharmony Service, you must access your Non-eharmony Service account and follow the prompts and instructions for cancellation on the applicable service or contact the applicable service directly. If you are eligible for a refund for a payment processed by a Non-eharmony Service, such refund will be processed by the Non-eharmony Service (e.g., Apple or Google). Additional information on cancellation and auto-renewal is provided in Sections 12 and 13 of this Agreement.
e. Exclusive Use. Your account is for your personal, non-commercial 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, except if previously agreed to by us. You acknowledge that to the maximum extent permitted by law eharmony is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.
f. Geographic Limitations. The Services are intended for use in the United States, Australia, and Canada. However, please note that eharmony also provides the ability to register for the Services in certain other countries, and you may search for and receive matches from members located in such countries. eharmony reserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services 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, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited, and that you are not located in a country that is subject to embargo by the United States government. Registration for, and use of, the Services is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
h. 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 dating. You agree to take all necessary precautions when meeting individuals through the Singles Service. In addition, you agree to review and follow the recommendations set forth in eharmony’s Safety Tips, which is available at the bottom of all pages of the Singles Service.
i. No Guarantees. eharmony may not be able to provide matches for everyone seeking to use its Services. Further, eharmony makes no guarantees as to the number or frequency of matches through the Singles Service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that eharmony makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.
j. Reporting of Violations. You will promptly report to eharmony any violation of the Agreement by others, including but not limited to, Registered Users..
k. 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 either the letter or spirit of this Agreement or upon the reasonable request of any third-party. eharmony further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Services.
l. Posting and Communication Restrictions. Every user is obligated to observe the Community Guidelines and not misuse the Service. In particular, you will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
- is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
- infringes the intellectual property right of eharmony or any third-party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
- contains video, audio photographs, or images of another person;
- promotes or enables 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, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
- is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services;
- contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Services;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Services;
- uses the Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
m. No False Information. You will not provide inaccurate, misleading or false information to eharmony or to any other user. If information provided to eharmony or another user subsequently becomes inaccurate, misleading or false, you will promptly notify eharmony of such change.
n. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. 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 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 eharmony. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay eharmony $50 USD for each such unsolicited communication you send through the Services.
o. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (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). Not all registered users are available for matching. From time to time, eharmony may create test profiles in order to monitor the operation of the Services.
p. No Harassment of eharmony Employees or Agents. You will not harass, annoy, intimidate or threaten any eharmony employees or agents engaged in providing any portion of the Services to you.
r. Reverse Engineering and Non-Interference. In addition to any eharmony information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of eharmony and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to eharmony or its affiliates; and (iii) all Service plans of eharmony or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that eharmony takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third-party in engaging in any activity, or attempt in any way, or assist any third-party in attempting in any way, to: (v) discover or use any trade secrets of eharmony without eharmony’s prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
s. Linking, crawling and framing. You agree not to, and warrant and represent that you will not assist any third-party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by eharmony.
3. Proprietary Rights
a. Ownership of Proprietary Information. You hereby acknowledge and agree that eharmony is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, “Confidential Information”). eharmony owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Users’ Information. Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any eharmony or third-party proprietary information available via the Services.
d. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your eharmony account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to eharmony and its users:
- in the case of linked information and content, for so long as the link is maintained; and
- for posted information and content, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information andcontent, 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 for the purpose of (a) providing the Services (in the case of eharmony); or (b) using the Services (in the case of a user) as permitted by these Terms and Conditions. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information
b. No Contact Information. You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the Singles Service that will be made available to other Registered Members. You may, at your discretion, exchange such information when you reach the direct communication phase with your matches.
5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors
6. Disclaimer of Warranties and Conditions
a. No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO SECTION 7 (LIMITATION OF LIABILITY) BELOW. EHARMONY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EHARMONY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. EHARMONY DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
b. 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, and should not necessarily be relied upon. Such authors are solely responsible for such content. EHARMONY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EHARMONY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL EHARMONY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
c. 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 representation, warranty or conditions of any kind, and may be modified or discontinued at eharmony’s sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.
7. Limitation of Liability
a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EHARMONY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, OR IN ANYWAY CONNECTED WITH EHARMONY’S PROVISION OF THE SERVICES, WEBSITE, OR APPLICATIONS, 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID EHARMONY FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.
b. No Liability for non-eHarmony Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EHARMONY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF 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
c. Information Verification. eharmony may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that eharmony will have no liability, to the maximum extent permitted by law, to you arising from any incorrectly verified information.
d. Australian Consumer Law. For subscribers of the Australian Service, you may be entitled to certain non-excludable rights and remedies under the Australian Consumer Law. The limitations and exclusions of liability in this Agreement do not operate to exclude, restrict or modify any of your Australian Consumer Law rights or remedies.
a. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless eharmony and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, liabilities and reasonable costs and expenses (including reasonable attorneys’ fees) to the extent relating to or arising out of any third-party claim relating to (a) your use of or inability to use the Services, (b) any user postings made by 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, except to the extent caused by any unlawful or negligent act or omission by eharmony. eharmony reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with eharmony in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the eharmony Services, or email us by clicking here. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to eharmony to our facsimile number at +1-424-249-7285. All other correspondence sent to this facsimile number will be discarded.
10. Communication and Privacy
Communication on the platform must always take place in accordance with these terms and conditions and the Community Guidelines. In particular, eharmony applies the principle of mutuality. If other members do not reply to a user’s communication, further contact is disabled and generally prohibited. This applies regardless of whether limited or unlimited communication functions are activated for your profile.
11. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.
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 if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a breach of this Agreement by you, you agree that at our option, acting reasonably, all fees then paid to eharmony by you are nonrefundable and that any outstanding fees (e.g., remaining instalments) will become due and payable immediately. 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, 10900 Wilshire Blvd., Suite 17, Los Angeles, CA 90024 USA. Following any termination of your Singles Service account due to a violation of our Agreement, eharmony, may, at our discretion or as required by law, send a notice thereof to other Registered Users which whom you have corresponded for the protection of our members. If we terminate your account for a reason other than your breach of the Agreement, you will receive a refund for any unused days of the subscription term for which you have paid.
12. Cancellations & Account Holds
a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your Premium Membership at any time during the term of same by: accessing Data & Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your account, credit card, or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full. Cancellation will prevent your Premium Membership from being automatically renewed.
If your Basic Membership has active virtual goods (e.g., Match Unlocks), you must communicate any termination to us in writing, e.g., by email to firstname.lastname@example.org. Please make sure to provide the email address connected to your account or profile ID, as well as your service password (not login password). If you delete your Basic Membership, any previously purchased virtual goods (e.g., Match Unlocks) will also be deleted, and existing payment obligations will remain in place.
b. Cancellation through a Non-eharmony Service with No Refund. To cancel a membership purchased through a Non-eharmony Service, you must access your Non-eharmony Service account and follow the cancellation prompts for each service. The current cancellation process for Apple requires you to access the Settings option on your iPhone, click on iTunes & App Stores, select your Apple ID, View Apple ID and Subscriptions. You can then click on your eharmony subscription and cancel as instructed. To cancel a membership purchased through Google, the current cancellation process requires you to sign into your Google account, select “My subscriptions,” select the subscription you want to cancel, click “Manage,” and then “Cancel Subscription.” Further instructions for cancellation are available for Apple here and for Google here. Cancellation through a Non-eharmony Service is subject to the Terms and Conditions of the Non-eharmony Service.
c. Cancellation with refund. You may cancel your registration or subscription by following the process in section 12 a or b as applicable within 30 days’ of being notified that eharmony has (i) suspended or discontinued a Service for which you have subscribed; or (ii) changed this Agreement in a way that has a materially detrimental impact on you, as determined in eharmony’s reasonable discretion. In such case, you will also receive a refund for any unused days of the subscription term for which you have paid after the effective date of such suspension or discontinuation of a Service or change to the Agreement which has a materially detrimental impact on you. If you do not cancel your registration or subscription by the deadline, you will be taken to have elected not to exercise your right to cancel.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, EHARMONY AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND AS OTHERWISE REQUIRED IN YOUR JURISDICTION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALMENT FEES, SALES OR OTHER TAXES (“RENEWAL FEES”), YOU FURTHER ACKNOWLEDGE THAT THE RENEWAL FEES ARE SUBJECT TO CHANGE AND MAY VARY BY YOUR PLACE OF RESIDENCE AT THE TIME OF SUBSCRIPTION. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER “CANCELLATIONS AND ACCOUNT HOLDS” SECTION ABOVE. IF YOU PURCHASE A SUBSCRIPTION ON OR AFTER THESE TERMS TAKE EFFECT, WE WILL PROVIDE YOU WITH A RENEWAL REMINDER APPROXIMATELY 15 DAYS BEFORE YOUR RENEWAL. IF YOUR SUBSCRIPTION RENEWS ON OR AFTER THESE TERMS TAKE EFFECT, WE WILL PROVIDE YOU WITH A RENEWAL REMINDER APPROXIMATELY 15 DAYS BEFORE YOUR SUBSEQUENT RENEWAL.
14. Governing Law & Venue
Unless prohibited by local law, this Agreement is governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in Los Angeles, CA to the extent permissible by applicable law. Notwithstanding the foregoing and section 15 of this Agreement, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of California law and section 15 of this Agreement shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
a. Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and eharmony. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and eharmony shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “eharmony” means eHarmony, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and eharmony regarding any aspect of your relationship with eharmony, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND EHARMONY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b. Pre-Arbitration Dispute Resolution: For all Disputes you must first give eharmony an opportunity to resolve the Dispute. You must commence this process by mailing written notification to 10900 Wilshire Blvd., Suite 17, Los Angeles, CA 90024 USA. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If eharmony does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
c. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or eharmony may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because your contract with eharmony, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e. Location of Arbitration: You may initiate arbitration in Los Angeles, CA, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
f. Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), eharmony will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with eharmony as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from eharmony your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
g. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and eharmony specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of eharmony and/or user of eharmony services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
h. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and eharmony are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and eharmony might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
j. Continuation: This Arbitration Agreement shall survive the termination of your contract with eharmony and your use of eharmony Services.
16. General Provisions
a. Right to Seek Injunction. Violation of this Agreement may cause eharmony irreparable harm, and therefore agree that eharmony will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that eharmony may have for a breach of this Agreement.
17. Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify eharmony’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized 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 Services;
4. Information reasonably sufficient to permit eharmony to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. 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.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
10900 Wilshire Blvd., Suite 17, Los Angeles, CA 90024 USA
email@example.com (only copyright-related notices will be accepted at this email address. All other inquiries or requests will be discarded.)
18. Revision Date
This Agreement was last revised on 7 November 2023.
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