Terms and Conditions

Thanks for stopping by to learn about MyTruDate, owned and operated by the MyTruDate Corporation (“MyTruDate”)!

These Terms and Conditions of Use (this “Agreement”) represent a legally binding contract between you (our “User”) and MyTruDate governing your access to and use of our MyTruDate dating app and website. In this contract, all references to “You” or “Your” refer to you the User as an individual person. All references to “MyTruDate,” “Us,” “we,” the “Company”, and “our” shall refer to MyTruDate Corporation. References of “MyTruDate” refer to the dating application and website that MyTruDate exclusively owns. Together, You and MyTruDate may be referred to as the “Parties” or either of us may be referred to separately as a “Party.” By using MyTruDate’s Services and Platform (defined below) the User expressly accepts this Agreement and all the conditions stated herein on her, his or their own behalf.

This Agreement begins on the date on which you first access or use the MyTruDate App or website in any capacity, whether as a curious visitor, an applicant for membership, or as a fully-enrolled paying subscriber (the “Effective Date”). Your rights and obligations go into effect on that specific date. Please note that we reserve the right to make unilateral modifications to this Agreement at any time which shall be binding upon You from time to time. Therefore, we encourage you to check back in with Us occasionally to learn about any updates or modifications to this Agreement.

You also acknowledge that you are using this Platform during its beta testing phase and/or our preliminary rollout phase in the Tampa Bay market. You thus recognize that the Company is still in the middle of the Application and web site, and as such expressly agree to waive any and all claims or causes of action that you might have against MyTruDate Corporation, as well as any of its officers, directors, representatives, advisors, employees, successors, assigns, and/or third-party partners, arising out of your use of the Platform, including but not limited to claims arising under contract and/or tort.

This Agreement governs your access to, and use of, the MyTruDate Platform (defined below). The following Terms and Conditions of Use outline what our Services and Platform are, how to appropriately interact with it, and what our respective responsibilities are to each other.

By accessing or using MyTruDate’s Services, you agree to be bound by this Terms of Use Agreement (the “Terms or “Agreement”), as well as our Privacy Policy, Cookie Policy, Code of Conduct and Dating Safety Tips, so it is important that you read this Agreement and these policies and procedures carefully before you create an account. We may update the Terms from time to time, so check this page regularly for updates.

To make reading this Agreement easier, we have written questions at the start of each section of this text. We hope they help you navigate this important contract between us.

We at MyTruDate are committed to facilitating interactions between you and other users, and as with us, that are as seamless as possible. To that end, we have developed these Terms and Conditions of Use so every User understands how we operate and how we are endeavoring to keep this Platform as transparent and efficient, and our Users as safe as we can. 

Our relationship, like all relationships, begins at first interaction. The very first time you access or use the MyTruDate mobile application (the “App”), the MyTruDate website, on www.MyTruDate.com (the “Website”), or any other platforms or services that MyTruDate may offer (collectively, the “Service” or our “Services” or our “Platform”), you agree to be, and are, bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status, whether completed, or not completed. 

By accessing and using our Services, you also expressly consent to being bound by the MyTruDate Privacy Policy, Cookie Policy, Code of Conduct and Dating Safety Tips, as well as any additional terms disclosed and agreed to by you when you purchase additional features, products, or services from MyTruDate (“Additional Terms Upon Purchase”), all of which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services. 

All relationships evolve over time and our relationship with you is no different. Therefore, it’s crucial for MyTruDate to be able to revise this Agreement as needs arise in the future. Therefore, we reserve the right to modify, amend, or change these Terms at any time. Notice of any material changes to this Agreement will be posted on this page with an updated effective date. In instances of material changes to these Terms we may notify you via email or other means; however, you are responsible for regularly checking this page for any updates or changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must immediately. stop accessing or using our Services. We’d hate to see you go, unless of course, your reason for leaving is that you’ve found the love you’re looking for! 

We at MyTruDate have a healthy obsession with your safety. As such, we have developed robust Trust and Safety Policies that we urge you to examine before using our Platform. These policies outline our commitment to fostering a dating community rooted in respect, authenticity, and accountability.

Furthermore, only persons who meet every one of the criteria below are authorized to use MyTruDate. By creating an account, you represent and warrant to MyTruDate that:

1. You are at least 18 years old;
2. You have the legal capacity to enter a binding contract with MyTruDate Corporation;
3. The personal information you provide us pertains to you, and no one else;
4. You are not prohibited by law from using our services;
5. You have not been convicted of a felony or any crime involving violence, or a threat of violence, unless you have received an expungement for the same or clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
6. You are not required to register as a sex offender with any state, federal or local sex offender registry;
7. You do not have more than one account on our Platform; and
8. You have not previously been removed from our Platform, unless we have provided you with express written permission to create a new account.

If we discover that you fail to meet these criteria, you will be immediately removed and banned from our Platform. Upon our discovery of your failure to meet these criteria, we reserve the right to remove your access to our Services without any warning.

The MyTruDate Screening Process

All Users must pass our background check and identity verification process (discussed in Section 10 below). First, we must be able to confirm your identity based on the biographical data you submit on your application. Second, we have compiled a list of over 200 criminal offenses which if discovered shall prevent any applicant from successfully being approved to become a MyTruDate User in accordance with our Offense Reporting Policy. Please consult our Offense Reporting Policy before applying to use our Services, as unsuccessful applicants shall not be eligible to receive a refund.

If you fail to pass our screening process, we shall promptly notify you by email that your application to the Platform has been denied. As described in greater detail in Section 10 below, MyTruDate’s identity verification process and criminal background checks are performed by third parties upon whose expertise we rely to help us determine whether each applicant meets our criteria for admission or not. We will not share the specific search results of any applicant’s identity verification screening or criminal background check screening when we inform them that their application has been denied.

Applicants who believe they have been erroneously denied admission to the MyTruDate Platform may request reconsideration of their applications by emailing us at [email protected] under the subject line “Request to Reconsider Application.” In this email, provide a short explanation of the basis for your belief that your application erroneously failed, and why you should be have been admitted to the Platform (i.e., you have a common name and you suspect that your search retrieved the results of a person sharing your name who is not actually you). We at MyTruDate will re-review your search results as well as any supporting information you provide us to determine if any errors were made during the identity verification or criminal background check process. If after second review we determine that you do, in fact, meet our criteria for admission onto the Platform, we reserve the right to reverse the outcome of your application and admit you to the Platform as expediently as possible and at no additional cost to you. All Requests to Reconsider will be handled on a case-by-case basis, and all application fees are nonrefundable. While we will make every effort to promptly admit any applicant wrongly excluded from the Platform, MyTruDate reserves the right to exclude any applicant who fails to pass our criminal background check or identity verification screening process at any time.

By using the MyTruDate Platform, you agree to the following MyTruDate “Code of Conduct” consisting of the following:

THE DO’S: You agree that while using the MyTruDate Platform you will:

• Treat all users in a courteous and respectful manner, both on and off our Platform;
• Be respectful when communicating with any of our customer care representatives, third-party partners, or other representatives;
• Present yourself honestly and truthfully on your profile and upload at least one photo which clearly shows your full face;

• Review MyTruDate’s Dating Safety Tips before meeting any other Platform user, which were specifically compiled for the express purpose of increasing user awareness of safer dating practices;
• Comply with all applicable federal and state laws that penalize violence, sexual violence, theft, financial crimes, fraud or hate speech of any kind;
• Maintain a strong password and take reasonable measures to protect the security of your login information.

The DON’TS: You agree that while using the Platform, you will not:

• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;

• Use the Platform in a way that damages other users or prevents other eligible persons from using the MyTruDate Platform;
• Use our Platform in a way that interferes with, disrupts or negatively affects the Platform, the servers, or our Platform’s networks;
• Use our Platform for any harmful, illegal, or nefarious purpose;
• Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person on the Platform;
• Post or share Prohibited Content (defined below) anywhere with anyone on or off the Platform;

• Solicit another user’s password or personal identifying information for commercial or unlawful purposes
• Disseminate another user’s personal information without her, his or their prior permission;
• Solicit money or other items of value from another user, whether as a gift, loan, or any form of compensation;
• Use the Platform to engage in human trafficking of any kind, nature, or description, anywhere in the world;
• Use the Platform to engage in or solicit prostitution anywhere in the world;

• Use or hack into another user’s account;
• Use the Platform in relation to fraud, a pyramid scheme, a Ponzi scheme, or other similar practice;
• Disclose private or proprietary information on the Platform that you do not have the right to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from any other user’s content or our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through our Platform without MyTruDate’s prior written consent;
• Express or imply that any statements you make are endorsed by MyTruDate;

• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Platform or its contents;
• Upload viruses, malware, spyware, or other malicious code or otherwise compromise the security of our Platform;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Platform;
• Use meta tags or code or other devices containing any reference to MyTruDate or the Platform (or any trademark, trade name, service mark, logo, or slogan of MyTruDate) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our Platform, or cause others to do so;

• Use or develop any third-party applications that interact with our Platform or user content or information without our written consent;
• Use, access, or publish the MyTruDate application programming interface without our prior written consent;
• Probe, scan or test the vulnerability of our Services or any system or network;
• Encourage, promote, or agree to engage in any activity that violates MyTruDate’s Terms and Conditions of Use; or
• Create a new account after we suspend or terminate your account and attempt to re-enter the Platform under a new identity for continued use, unless we provide you express prior written permission to rejoin the Platform following your suspension or removal.

FURTHERMORE, MYTRUDATE EXPRESSLY PROHIBITS ANY USER FROM UPLOADING OR SHARING ANY OF THE FOLLOWING TYPES OF IMAGES, TEXT, LANGAUGE, AUDIO RECORDINGS, VIDEO OR OTHER CONTENT ON OUR PLATFORM (“PROHIBITED CONTENT”):

Content that is Prohibited on MyTruDate if it:

• Is sexually explicit, contains any type of nudity (full or partial), sexually graphic, obscene, pornographic, violent, suggestive, or supportive of violence, or may offend human dignity;
• Contains hate speech as defined by state or federal law of any kind, nature, or description;
• Could be interpreted as violent, abusive, insulting, threatening, discriminatory or that promotes or encourages racism, sexism, homophobia, transphobia, religious hatred, ableism, or hatred or bigotry of any kind towards any person;

• Could be interpreted to be offensive, hostile, or intended to harass, upset, gaslight, embarrass, threaten, alarm, or intimidate any other person;
• Encourages or facilitates any type of illegal activity including, without limitation, violence or intimidation of any person or group of persons based on race, alienage, national origin, ethnicity, religion (the submission of which constitutes committing a criminal offense); prostitution; human trafficking; gambling, the sale, distribution, or use of illegal controlled substances, or pedophilia;
• Is slanderous, defamatory, libelous, or untrue;
• Relates to commercial activities (including, but not limited to, solicitations for money for any goods or services provided by any person, including you, sales, competitions, promotions, and advertising, solicitation for services, solicitations or advertisements for sex work of any kind, or contains to links to other websites or telephone numbers, including links to other dating apps);
• Involves the transmission of “junk” mail or “spam;”

• Contains any spyware, adware, viruses, corrupt files, malware, worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from MyTruDate, one of our third-party vendors, or otherwise;
• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• Is inconsistent with the intended use of our Services; or we
• May harm the reputation of MyTruDate or its partners and/or affiliates.
• Furthermore, WE STRONGLY DISCOURAGE ANYONE FROM POSTING IMAGES OF CHILDREN OR MINORS. WE ENCOURAGE YOU TO BLUR OUT THE FACES OF ANY CHILDREN WHO MAY APPEAR IN YOUR PROFILE OR OMIT THEM ALTOGETHER;

We take the above-stated Code of Conduct very seriously to protect each user as best we can, including you. We reserve the right to automatically suspend or remove you from our Platform if you fail to meet the requirements of this Code of Conduct. Furthermore, we shall automatically revoke the license granted to you under these Terms and any authorization to access the Platform if you violate any of the above requirements. Our discovery of any such posted or distributed Prohibited Content may result in the immediate suspension or termination of your account without any warning. You expressly acknowledge that you are not entitled to a refund for any account suspended or terminated because you violated this Code of Conduct.

If you feel your account has been wrongly or improperly suspended or terminated for a violation of this Code of Conduct, you may email us at [email protected] under the subject line “Request to Re-Admit.” In this email, provide a brief explanation of the basis for your belief that you were erroneously suspended or terminated, and why you should be allowed back onto the Platform. We will review your request, and in some instances, we may request additional information or documentation from you to confirm or reverse your removal from the Platform. All requests will be handled on a case-by-case basis. Review of all Re-Admission requests shall not constitute a guarantee that any excluded User will be permitted back on the Platform.

What type of content can I post on MyTruDate?  

While using our Platform, you will have access to: (i) content that you upload or provide while using our Platform (“Your Content”); (ii) content that other users upload or provide while using our Platform (“User Content”); and (iii) content that MyTruDate provides on and through our Platform (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Platform, including information on users’ profiles and in direct messages between users. We encourage you to consult our User Profile Policy for further guidance. 

How should I handle the information and images I post on MyTruDate? 

We urge you to exercise an abundance of caution in deciding what to share on MyTruDate. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. 

You represent and warrant to us that the information you provide us or any other user is accurate, including any information submitted through Meta, Facebook, Instagram, Twitter, TikTok, Snapchat or any other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. 

Content on your profile must be relevant to the intended use of our Platform. For your safety and the safety of your data, you may not display your personal contact or banking information on your user profile, nor that of any other person, including but not limited to home addresses, zip codes, telephone numbers, social security numbers, email addresses, URLs, credit/debit card or other banking information. If you choose to share any of this type of personal information about yourself to other users, you do so at your own risk and expressly assume the risk of any user misappropriating such personal and/or financial data for purposes that may lead to your personal or financial harm. We cannot stress enough how enormously important it is to us that you refrain from sharing this sort of crucial information with anyone online. 

By using our Platform, you recognize and acknowledge that your individual profile may become visible to anyone, anywhere who has internet access, so be sure that you think twice before posting anything. Only post content you feel comfortable knowing is accessible to anyone in the world. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms and our best efforts to promote privacy and safety, other users may share Your Content with third persons or third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below. 

You understand and agree that we may monitor or review Your Content, but that we have no obligation to review Your Content before you post it.  We also employ content moderation technology specifically designed to detect harmful, offensive or illicit images and videos posted on our Platform. We expressly reserve the right to block, remove, or prevent the sharing of any content our System detects as violative of this policy without warning to You. You also understand and agree that we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion.   

Who owns the content that Users post on the Platform?   

All user Content belongs to the user who posted the content. By posting your content, you agree and understand that you are expressly granting us a license to display your content on our Platform as long as your account is active, as well as to store all your content on our servers and in our cloud-based databases for purposes of compliance with data protection and privacy laws. 

You do not have any right to any other user’s Content, and you may only use User Content to the extent that your use is consistent with our Services’ purpose of allowing users to communicate with and meet one another. You may not copy another user’s photographs or other Content or use such User Content for your private purposes, commercial purposes, or to spam, harass, or threaten any user or person anywhere. We reserve the right to terminate your account if you misuse another User’s Content. 

All other content on the Platform belongs to MyTruDate  

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us. 

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights. 

Inappropriate content or behavior on MyTruDate is strictly prohibited. No exceptions. 

We are committed to maintaining a positive and respectful community here at MyTruDate, and we do not tolerate any inappropriate content or misconduct, whether on or off the Platform (including, but not limited to, on services operated by our partners or affiliates). For more information please consult our Off App Behavior Policy. 

Accordingly, we will not tolerate any type of misconduct on our Platform from anyone and encourage you to partner with us in keeping MyTruDate as safe and peaceful a community as possible. By using this Platform, you agree that if you discover that any user has posted Prohibited Conduct, violated our Code of Conduct, or behaved in a manner that threatens or may threaten your or any other user’s safety, you shall immediately report these incidents to us. Such transgressive conduct can include, but not be limited to any act of sexual or intimate partner violence, a financial crime or communicating or posting in a manner that violates MyTruDate’s Code of Conduct in any way. You can  directly report a user engaging in any type of misconduct by tapping the “Report Misconduct” button located on the bottom of that user’s profile. You may also submit to us a report of any misconduct by emailing us at [email protected] under the subject line “User Misconduct.”  Please provide in your report a summary of the incident in as much detail as possible, including the user’s profile name, the date of the incident(s), and any allegedly transgressive conduct. Reports of alleged user misconduct from persons who are not users of this Platform shall also be immediately turned over to law enforcement, and MyTruDate shall conduct an internal investigation into the allegations of user misconduct to determine if such user should be removed from the Platform, and whether other users with whom the individual has been in contact need to be notified.  

How We Handle Reports of Misconduct 

Each and every report of misconduct will be reviewed immediately by our Trust and Safety Officers. MyTruDate also expressly reserves the right to suspend or terminate the accounts of any user against whom substantiated allegations of misconduct are made, as well as those whom we discover have made false misconduct reports against another user. Please consult our Offense Reporting Policy for more detailed information on how we handle report of user Misconduct.   

You expressly understand and consent to our affiliates’ receipt of any such information concerning your alleged misconduct and expressly agree to waive any and all claims against MyTruDate, _________, Vouched, ActiveFence, or any of our third-party affiliates or assigns which arise out of or relate to your misconduct or accusations of your misconduct on our Platform. You also understand and agree that we might not share information with you regarding your investigation or potential account suspension pending an investigation against your, or your imminent removal from our Platform if we believe that doing so could potentially threaten or impair the safety or privacy of our other users or any person. If at any time after your admission to our Platform we terminate your membership because our investigation reveals that you have engaged in egregious misconduct while a User of our Platform, or that you have committed or been convicted of any of the crimes which would have disqualified you from admission to our Platform when you originally applied, you expressly acknowledge and consent to us informing any of our users about your termination from the platform and about your misconduct or criminal conduct so that any users with whom you may have had contact can take whatever safety measures they deem appropriate for their own safety and peace of mind. 

What About Reporting Misconduct Relating to Copyright Infringement? 

User Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding User Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below. 

How does MyTruDate handle my personal data? 

We respect your personal data and endeavor to protect it. Please visit our Privacy Policy for more information about how we collect, use, and share your personal data. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy. 

What are my rights when using the MyTruDate Platform? 

In addition to providing you a license to look for love, in exchange for your compliance with these Terms, we at MyTruDate are providing you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Platform for purposes as intended by MyTruDate and permitted by these Terms and applicable laws. As explained above, however, you acknowledge and agree that this license and any authorization to access our Services can be revoked if you fail to comply with these Terms.  

What rights to my content do I grant MyTruDate by using this Platform?  

By creating an account, you grant to MyTruDate a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Meta, Facebook, Instagram, Twitter, TikTok, Snapchat or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. MyTruDate’s license to Your Content shall be non-exclusive, except that MyTruDate’s license shall be exclusive with respect to derivative works created through use of our Services. For example, MyTruDate would have an exclusive license to screenshots of our Services that include Your Content. 

In addition, so that MyTruDate can prevent the use of Your Content outside of our Services, you authorize MyTruDate to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. MyTruDate is not obligated to take any action regarding use of Your Content by other users or third parties. MyTruDate’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws). 

In consideration for MyTruDate allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Platform. By submitting suggestions or feedback to MyTruDate regarding our Services, you agree that MyTruDate may use and share such feedback for any purpose without compensating you. 

You agree that MyTruDate may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of any user, the Company or any person. 

How will I be charged to use MyTruDate?  

Every user of the MyTruDate Platform is charged _________ to apply to join the Platform. You understand and acknowledge that this fee is nonrefundable, even if an application is denied. After the first month of use, you will be charged _______ for each additional month that your profile remains active on the Platform.  MyTruDate reserves the right to raise or lower this fee at any time and will notify applicants and users of any changes in the price at least 30 days before such change increase.  

If you wish to voluntarily and temporarily suspend your profile so that it is no longer discoverable to other users, but will still remain available for you to browse the user base, you must notify us by selecting the “Pause My Account” option. You will continue to have access to your subscription benefits and will continue to be charged monthly. 

If you wish to de-activate your account entirely and no longer have access to the database, you must notify us by selecting the “Deactivate My Account” option. Your profile will no longer be discoverable and you will not be able to search the database. After deactivating your account, you will not be charged any longer the monthly fee. You can re-activate your profile at any time without having to create a new profile. For users in New York, your account shall not remain deactivated for longer than 12 consecutive months, after which period your account will be cancelled by MyTruDate. If you wish to terminate your membership fully and permanently, you must terminate your membership as set forth below and in Section 9. 

All payments will be processed via debit or credit card on the Website or inside the App (“Internal Purchases”). through Apple Pay or Google Pay who will store your credit card information in accordance with their data retention policies. MyTruDate will not retain any of your credit card data whatsoever. 

We reserve the right to offer you additional products and/or premium services for purchase through iTunes, Google Play or other external services authorized by MyTruDate (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”) at additional cost after you become a User. Those fees will be disclosed prior to your purchase on the Platform, and if you opt to purchase these additional features, your payment will be charged to the account that we have on file for you at the time of purchase. 

We also reserve the right to offer promotions which may affect the price of the monthly subscription fee, as well as any External or Internal Purchases, or any other services or product offers. MyTruDate also reserves the right to regularly test new features and payment options. We encourage you to check back to these Terms for any updates to any changes we make to the payment options. 

Who is processing my payment to use MyTruDate?  

Your payment to MyTruDate will be processed through an External Service, such as Apple Pay or Google Pay, which can process your payment using your Apple ID or Google Play account (“your External Service Account”). Accordingly, your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time. If you elect to pay your monthly subscription fee using an external account manager, your External Service Account will continue to be charged for your monthly subscription fee each month until you cancel. 

What if I want to voluntarily permanently terminate my account? 

Please see Section 9 concerning voluntary account termination. 

If I terminate my subscription, what else must I do to ensure I am no longer being charged ?  

In addition to notifying us about the voluntary termination, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not MyTruDate. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your MyTruDate subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed through Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your MyTruDate subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires. 

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, MyTruDate may, in its sole discretion, terminate your account immediately. MyTruDate will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more information. 

Can I pay for MyTruDate Services on the App or Website directly? 

No. The External Service Accounts handle all payments and your payment data. However, MyTruDate reserves the right to coordinate with the External Service Account providers to correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, MyTruDate may terminate your account immediately on the basis that you have determined that you do not want a MyTruDate subscription. If your chargeback or other payment reversal is overturned, please contact Customer Service at [email protected]. 

How are payments for additional services handled?  

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features on the Platform (“Virtual Items”). You may only purchase Virtual Items from us or our authorized partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. 

MyTruDate, in our sole discretion, reserves the right to modify, or eliminate Virtual Items at any time, and shall have no liability to you or any third party if we exercise such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. All purchases and redemptions of Virtual Items are final and non-refundable. You acknowledge that MyTruDate is not required to refund you for any unused virtual Items if you close your account after purchasing, but not yet using, your Virtual Items, whether you or MyTruDate initiated the closing of your account.  

Can I get a refund for my payment(s) to MyTruDate?

MyTruDate’s fees are non-refundable, unless refunds are required under certain circumstances by your jurisdiction. By using this Platform, you acknowledge and agree that the monthly subscription fees charged by MyTruDate are final and nonrefundable. MyTruDate will not issue any refunds or credits for partially used periods, unless the laws applicable in your jurisdiction require refunds. MyTruDate however reserves the right to issue refunds, partial refunds or credits to users at our sole discretion if the facts and circumstances so justify them, such as if we or Law Enforcement determine that a user was the victim of false allegations of misconduct which resulted in the suspension or termination of an account, or under other such compelling circumstances on a case-by-case basis.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. If you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.

If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not MyTruDate. To request a refund pursuant to your local jurisdiction’s laws, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. For any other requests to receive a refund at cancellation, contact MyTruDate at [email protected] under the subject line “3 Day Cancellation Refund Request” or “Refund for Deceased or Disabled User,” whichever applies. Be sure to include your order number (which you can find in your account confirmation email) and send a signed and dated notice which states that you, the buyer, are canceling your account, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number.

How can I delete my account?

If you desire, you are free to delete your account at any time by selecting the “Account Termination” button. Termination of your account shall result in the removal of your profile from our dating pool permanently. However, if you ever decide to return later, you will not need to create a new profile from scratch and go through the screening process again. Please be advised that to avoid continued subscription billing, you will also need to cancel your subscription with any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) with whom you may have also enrolled.

MyTruDate can also suspend or terminate your account for violating these Terms

MyTruDate reserves the right to review and, if appropriate, suspend or terminate your account without a refund if MyTruDate believes that you have violated these Terms, misused our Services, or behaved in a way that MyTruDate regards as inappropriate or unlawful, on or off our Platform. MyTruDate also reserves the right to terminate your account without a refund if MyTruDate discovers that you have engaged in criminal activity which disqualifies you from membership on the MyTruDate Platform. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Platform.

By using the Platform, you expressly acknowledge and agree that if your account is suspended or terminated by you or by MyTruDate for any reason, these Terms continue and remain enforceable between you and MyTruDate, and you will not be entitled to any refund for purchases made. Your payment information will be maintained and deleted in accordance your External Service Account provider’s terms and conditions.

What is MyTruDate’s Policy for Fraud committed by Users on our Platform?

MyTruDate will not tolerate fraud on our Platform and forbids fraudulent conduct by any user on our Platform. Pursuant to this Fraud ban, we shall immediately ban any member from our Platform who, in our sole judgment and discretion: (i) poses a significant risk of attempting to obtain monies from another user through fraudulent means, (ii) is using a false identity, or (iii) is attempting to defraud other users of the Platform. Please consult our Fraud Policy for more information. If you suspect another user is engaging in or has committed any such act of fraud, you agree to report this to us immediately by selecting the “Report Misconduct” button on the user’s profile, or by emailing us at [email protected] under the subject line “Fraud Report” and provide us the username of the suspect and a summary of the alleged fraudulent conduct.

What is MyTruDate’s User identity verification and criminal background check process?

One of our primary goals at MyTruDate is to create a transparent, authentic, and reliable dating pool for all our users. In furtherance of this mission, we require all applicants to our Platform to consent to a one-time identity verification process, as well as regular criminal background checks. Our criminal background check process consists of searching publicly available and regularly updated government public record databases that in total provide information about an individual’s history of criminal convictions and sexual offender registries in the United States at the time of application and every month after initial acceptance onto the Platform. We expressly reserve the right to also search additional public records for information about you at a later time and make such information available to other users with prior notice to you, including but not limited to marriage records, divorce records, credit and/or income verification records.

By applying to become a user of our Platform, you expressly acknowledge and consent to MyTruDate sharing the personal data you provide us when you first apply for admission to the Platform with our third-party partners, so that they can identity verification and criminal background searches on you. We have partnered with these companies with the sole purpose of creating and maintaining a community of members whose identities are as credible and reliable as possible.

The criminal background search will involve our partners, _______ and Vouched, combing deeply through hundreds of publicly available databases to confirm that you are who you say you are, and to determine whether there are any criminal convictions or sexual offender registrations in your history which can disqualify you from becoming a member of our Platform. We advise you to consult our Offense Reporting Policy for a better understanding of the types of criminal convictions that will disqualify you from membership on our Platform.

You expressly acknowledge and understand that MyTruDate is a separate company from our partners who perform out background checks and identity verification processes. Vouched shall securely store the results of all our applicants’ identity verification screenings in its database which Vouched exclusively owns, controls and operates. After performing its searches, Vouched will inform MyTruDate whether an applicant has passed or failed the verification process based on the biographical data you provided to us when you applied for admission. Unless MyTruDate specifically requests additional information (which we will only seek if necessary during an investigation), Vouched generally will not disclose to MyTruDate any specific search data relating to an applicant other than whether an applicant passed or failed the verification process.

Our background check partner _______ shall securely store the results of all applicant and/or user criminal background checks in its cloud database which ______ exclusively owns, controls and operates. After performing an applicant’s or user’s criminal background check, _______ will inform MyTruDate whether it has identified any excludable criminal convictions in a person’s history which disqualify the applicant or user from membership to the Platform. MyTruDate generally will not store an applicant or user’s criminal background report on our database. However, MyTruDate will have access to a portal maintained by _______ which will enable MyTruDate to retrieve an applicant’s criminal background report upon request. MyTruDate generally shall only seek an applicant’s or user’s criminal background report on a case-by-case basis in the context of an investigation.

You acknowledge and understand that MyTruDate does not perform any of the identity verification screenings or criminal background searches that are a part of the application process, and has no control over the results. As such, MyTruDate makes no guarantees concerning the accuracy, comprehensiveness or reliability of any identity verification screenings or criminal background checks performed by Vouched or _______, or any of their employees, agents, affiliates, successors, or assignees, and that as a result, MyTruDate is not responsible for, nor can be held liable for the quality of any search performed entirely by a third-party. Accordingly, you expressly agree to waive any and all claims, suits, or actions of every name, kind, or description against MyTruDate, its directors, officers, agents, advisors, employees, successors or assigns brought for damages arising from any errors, omissions, inaccuracies, or falsehoods contained in any identity verification search or criminal back ground check performed by any of MyTruDate’s third-party partners, or any damages arising from any such third-party partner’s failure to comply with state or federal laws or regulations governing identity verification screenings and/or criminal background checks. You also acknowledge and understand that if you wish to obtain the results of either your identity verification screening or criminal background check that you must obtain such reports directly from the third-party partner who performed the search in question. At your request, MyTruDate will work with you in good faith to assist you with obtaining such documents from those partners.

MyTruDate will not sell or rent any user’s personal background data. MyTruDate also will not disclose the results of any user’s identity verification screening or criminal background check or with any other user unless directed to do so by Law Enforcement or required to do so by state or federal law. MyTruDate also reserves the right to cooperate fully with any requests for user information made from Law Enforcement or requested pursuant to a validly-issued subpoena or criminal investigation, and you expressly consent to MyTruDate’s sharing of your information in MyTruDate’s possession for these purposes. For more information about _______, please _________. For more information about Vouched, please visit Identity Verification Software – Vouched.id.

CRIMINAL BACKGROUND CHECK DISCLAIMER

MyTruDate’s Offense Reporting Policy explicitly prohibits persons with certain criminal convictions from having access to our Services and will prohibit any such applicant from being able to communicate through our Platform. However, you understand, that numerous risks associated with online dating may persist despite our background check and identity verification procedures, and you expressly acknowledge and accept that:

1. Criminal background screenings are not foolproof;
2. MyTruDate’s criminal background checks on all admitted members may give you a false sense of security;
3. The Criminal background check may produce inaccurate or incomplete results;
4. Our criminal background checks are not a perfect safety solution, and you must still exercise an abundance of caution while using the Platform to meet new people;
5. Some criminals may circumvent even the most sophisticated background screening and search technology;
6. Not all criminal records are public in all states and not all databases are up to date, so the results of our background checks might not be entirely comprehensive or accurate;
7. Only publicly available convictions are included in the criminal background screening; and that screenings do not cover other types of convictions or arrests or any convictions from foreign countries outside of the United States.

REMEMBER, YOU AND YOU ALONE, ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS ON THE PLATFORM, AND YOU AGREE NOT TO HOLD MyTruDate OR ITS AFFILATES RESPONSIBLE FOR ANY UNSAFE INTERACTIONS YOU MAY ENCOUNTER WITH PERSONS YOU MEET ON THIS PLATFORM.

You acknowledge that despite our most diligent efforts, MyTruDate cannot control any of its users, and as such, cannot be held responsible for the conduct of any user on or off the Platform. Therefore, by using the Platform, you expressly acknowledge that you are assuming the risk that despite the best efforts of MyTruDate and our third party partners, Vouched and _______, to prevent you from encountering any foreseeable harmful actors on the Platform, that there continues to be a risk that you might meet a person through our Platform who may threaten your safety, violate your safety, and/or pose a risk to your safety and the safety other people. By using this Platform, you not only expressly assume these explicit risks of danger and harm, you also do hereby waive any and all civil claims you may have against MyTruDate, Vouched, ________, or any of MyTruDate’s agents, representatives, officers, employees, successors, assigns, affiliates, and/or third-party partners, including but not limited to claims arising in tort, for any injuries or losses you might sustain from a person you met through the MyTruDate Platform. Furthermore, you acknowledge that your express assumption of the risk constitutes a complete, full, and enforceable defense to any civil claims arising under any harm you might encounter at the hands of a person whom you met through the MyTruDate Platform. Furthermore, to minimize risk of danger to yourself from other users, you also agree to exercise an abundance of caution in all your interactions with other users, particularly if you decide to communicate with another user off the Platform or agree to meet in person. For additional support about safe dating, please consult our Dating Safety Tips.

MYTRUDATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, INTENTIONS, OR VERACITY OF USERS. MyTruDate RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE MyTruDate TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR EXERCISING CAUTION, FOLLOWING OUR DATING SAFETY TIPS AND OTHER REASONABLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE PLATFORM, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY MyTruDate, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

FURTHERMORE, THE IDENTITY VERIFICATION SCREENINGS PERFORMED BY VOUCHED AND THE CRIMINAL BACKGROUND CHECKS PERFORMED BY GARBO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MyTruDate MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OF THE RESULTS OF EITHER COMPANY’S SEARCH RESULTS, OR OF ANY INFORMATION OR DOCUMENTS SUPPLIED TO YOU BY EITHER COMPANY HEREUNDER, AND EXPRESSLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO.

What if I believe I was improperly denied admission to the MyTruDate Platform?

If you believe that you were erroneously denied admission to the MyTruDate Platform (for instance because of mistaken identity wherein a background check returned results for a person who shares your name), or for an offense not listed in our Offense Reporting Policy), you may email us at [email protected] under the subject line “Request to Reconsider Application” In this email, provide us (i) your name and Order number; (ii) the reason you believe you were denied admission; (iii) the basis for your belief that your exclusion was improper; and if applicable, (iv) any supporting government-issued identity verification documentation that might substantiate a more accurate screening of your background. MyTruDate will review and also notify the third-party partner who performed your screening that yielded unsuccessful results. If based on either our or our third-party partner’s investigation we discover that your application was erroneously denied, we will admit you to the Platform at no additional cost to you. We will notify you of the outcome of your review by e-mail. If you wish to obtain the results of your failed screening, we will direct you to the third-party who performed the search so that you can obtain it directly. All Requests to Reconsider will be handled on a case-by-case basis. Review of all requests shall not guarantee that any excluded applicant will necessarily be admitted onto the Platform.

Can MyTruDate guarantee the safety of my content or of my experience on the Platform?

WHILE MyTruDate STRIVES TO CREATE AS SAFE A USER EXPERIENCE AS POSSIBLE, WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MyTruDate DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, MyTruDate MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

MYTRUDATE ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES MyTruDate ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH MyTruDate. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. MyTruDate IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

What should I do if I suspect any violation of my intellectual property rights in my content on the MyTruDate Platform?

In accordance with the Digital Millennium Copyright Act (the “DMCA”), if you believe any user Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
• Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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 the law; and

• A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent [email protected] under the Subject “COPYRIGHT COMPLIANCE.”

MyTruDate expressly reserves the right to terminate the accounts of any copyright infringers.

Can I expect to see advertisements on the MyTruDate Platform?

MyTruDate reserves the right to publish on the Platform advertisements and promotions offered by third parties and links to other websites at our sole discretion. MyTruDate may also provide within the Platform non-commercial links or references to third parties . MyTruDate is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, MyTruDate is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Platform, such party’s terms will govern their relationship with you. MyTruDate is not responsible or liable for such third parties’ terms or actions.

MyTruDate’s liability is limited to the maximum extent allowed by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MyTruDate, ITS AFFILIATES, REPRESENTATIVES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, ADVISORS, LICENSORS, SUBCONRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF MyTruDate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MyTruDate’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY, IF ANY, BY YOU TO MyTruDate FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST MyTruDate, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

How does MyTruDate handle and adjudicate its disputes with Users?  

We at MyTruDate strive to always provide you unparalleled service. If, however, you become dissatisfied with our Services for any reason, please first contact MyTruDate Customer Service at [email protected] under the subject line “Customer Support Request.” so we can try to resolve your concerns without the need of outside assistance If you choose to pursue a dispute, claim or controversy against MyTruDate, the terms of this informal dispute protocol shall govern. For purposes of this Dispute Resolution Process and the Arbitration Procedures set forth in Section 15, the name “MyTruDate” shall include our successors, assigns, advisors, officers, directors, third-party affiliates, employees, licensors, and service providers.

If you remain unsatisfied with the outcome of the support you receive after sending a Customer Support Request, and you wish to bring a claim against MyTruDate, before formally commencing a Dispute in arbitration, you agree to first send a detailed written notice of your dispute (“Notice”) to MyTruDate Legal at [email protected] under the Subject line “NOTICE OF DISPUTE.” If MyTruDate has a Dispute with you, MyTruDate agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, to the last known mailing address that we can ascertain from other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables MyTruDate to identify your account, including your Order Number, a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth if any that you used to register your account ; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. MyTruDate’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and MyTruDate agree to negotiate in good faith to resolve the Dispute. As part of these good faith negotiations, if MyTruDate requests a telephone conference with you to discuss your Dispute, you agree to personally participate, and/or with your attorney if you are represented by counsel. Likewise, if you request a telephone conference to discuss MyTruDate’s Dispute with you, MyTruDate agrees to have a company representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice, and the Parties have not otherwise mutually agreed to extend this informal dispute resolution time period, you or MyTruDate may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to meet this precondition of commencing a breach action constitutes a material breach of this Agreement and shall constitute a waiver of any such claim you might seek to pursue under Arbitration or in small claims court. The statute of limitations and any filing fee deadlines will be tolled while you and MyTruDate engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action for failure to follow these procedures.

TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND MYTRUDATE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND MYTRUDATE EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST MYTRUDATE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND MYTRUDATE AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT. 

Any dispute, claim, or controversy between you and MyTruDate (that is not resolved informally by MyTruDate Customer Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Platform, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or MyTruDate may elect to have an individual claim heard in small claims court and the Parties agree to be bound by the limited recovery available in this forum. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy falling within the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court after an arbitrator has been appointed. If you or MyTruDate challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to MyTruDate’s other contracting parties. 

Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17 of this Agreement. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against MyTruDate (except for small claims court actions) must be commenced only in the federal or state courts located in Hillsborough County, Florida. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum. 

This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described in subsection 15a above and when no small claims court election is made by either Party. Any arbitration between you and MyTruDate shall be administered by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address [email protected]. If NAM is unable or unwilling to perform its duties under this Agreement, the parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this Agreement. 

The Parties agree that the following procedures will govern any Arbitrations initiated under this Dispute Resolution Section: 

1. Commencing an Arbitration. 

To initiate an arbitration, you or MyTruDate shall send to NAM a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for Arbitration, you shall also send it to MyTruDate [email protected] under the Subject line “DEMAND FOR ARBITRATION” within 10 days of delivery of the Demand for Arbitration to NAM. If MyTruDate sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above. 

2. Fees. The payment of all fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Each Party shall be responsible for paying its own respective arbitration costs.
3. The Arbitrator. The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Parties agree to participate in virtual arbitrations whenever practicable. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
4. Dispositive Motions. The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
5. Discovery. Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts) or requests for admissions (if a combination, the total aggregate of either discovery device shall be 5). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense.
6. Confidentiality. Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed outside of the proceedings except in connection with the arbitration and that any permitted court filing of confidential information must be done under seal.
7. Arbitration Hearing. While You and MyTruDate are entitled to a fair evidentiary hearing before the Claim Arbitrator, in an effort to maximize the cost savings of simplified resolution process that arbitrations can offer, both Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing, either in person or virtually as directed by the Arbitrator. Either Party’s failure to personally attend the hearing without a continuance ordered by the Claim Arbitrator will result in a default judgment taken against the absent Party.
8. Arbitration Award. Regardless of the format of the arbitration, the Claim Arbitrator shall provide a written decision and Order within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded, and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and MyTruDate and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations as persuasive. The Arbitrator may award attorney’s fees and arbitration costs as provided by the NAM Rules to the prevailing party or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
9. Offer of Settlement. Either Party may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or caselaw prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
10. Mass Filing. If, at any time, 25 or more similar demands for arbitration are asserted against MyTruDate or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below shall apply.

 

i. If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding

ii. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or MyTruDate in writing and submitted to NAM and all Parties.

iii. Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including you) and counsel for MyTruDate shall each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During this time, no other Demands for arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then counsel for the Claimants and counsel for MyTruDate shall each select an additional 15 Demands for Arbitration (30) total to be filed, processed, and adjudicated as individual arbitrations, with each of the 30 arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This staged process of bellwether proceedings, with each set including 30 Demands for Arbitration adjudicated on an individual basis, shall continue until each Demand included in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by MyTruDate and the claimants (including you), shall only be due after your Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.

iv. You and MyTruDate agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and MyTruDate acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or MyTruDate prior to the time of your consent to this Agreement and to any claims that accrue against you or MyTruDate after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against MyTruDate prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement (the Effective Date herein), to the following email address: [email protected] under the subject line “ADR RETROACTIVE APPLICATION – OPT OUT NOTICE.” You acknowledge that you must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s) and your Order Number, and that you should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or MyTruDate after your consent to this Agreement in accordance with this Dispute Resolution Section. 

Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction, including Subsections 15b, 15c, 15d, and 15e, which shall not apply to users residing within the EU, EEA, UK, or Switzerland. The online dispute settlement Platform of the European Commission is available under http://ec.europa.eu/odr. MyTruDate does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland. 

What laws govern this Agreement?  

To the fullest extent allowable by law, the laws of Florida, U.S.A., without regard to its conflict of laws rules, shall govern this Agreement and apply to any Dispute arising out of or relating to this Agreement or our Services. For the avoidance of doubt, for users residing outside of the United States, the choice of Florida governing law shall not supersede any mandatory consumer protection legislation in the jurisdiction where you resided at the time you accepted this Agreement. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act. 

What venue is proper for dispute resolution outside of arbitration?  

Except where prohibited by law, including for users residing in the EU, EEA, UK or Switzerland, who may bring claims in their country of residence in accordance with applicable law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with MyTruDate that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Hillsborough County, Florida, U.S.A. You and MyTruDate consent to the exercise of personal jurisdiction of courts in the State of Florida and waive any claim that such courts constitute an inconvenient forum. 

As a User, you have the option to receive notifications each time another User attempts to establish contact with you (through messages, compliments etc.), or each time there are updates to the App from Us.  You can turn notifications on or off through the settings in the App at any time. If notifications are turned on you will receive notifications when you match with someone as well as other updates from the Platform. 

What will happen if my conduct causes MyTruDate to get sued? 

You agree, to the fullest extent permitted under applicable law, to indemnify, defend, and hold harmless MyTruDate, our third party affiliates, and their and our respective officers, directors, agents, advisors, employees, successors and/or assignees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Platform, your Content, your conduct toward other users, and/or your breach of this Agreement. 

By using the MyTruDate Platform, what am I agreeing to? 

By using our Platform, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time; (ii) our Privacy Policy, Cookie Policy, Code of Conduct, Dating Safety Tips, Trust and Safety Policies; (iii) and any Additional Terms and/or policies. If you do not accept and agree to be bound by all of the terms of this Agreement, you cannot use our Platform. 

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. 

Both Parties agree that this Agreement shall be effective upon your acceptance which shall be evidenced by your selecting the Accept button and by your use of the Platform and will remain in effect in perpetuity unless terminated by the Parties.  All dispute resolution procedures shall continue to govern the relationship between the Parties in perpetuity.   

Does this Agreement cover all my legal rights and responsibilities with MyTruDate? 

These Terms, with the Privacy Policy, Cookie Policy, Code of Conduct and Dating Safety Tips, and any Additional Terms Upon Purchase, contain the entire agreement between you and MyTruDate regarding the use of our Platform. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your MyTruDate account is non-transferable and all your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created by these Terms, and you may not make any representations on behalf of or bind MyTruDate in any manner. 

What additional rights or responsibilities apply to this contract if I reside in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, or Wisconsin? 

For subscribers residing in New York: 

• The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like; 

• Upon notice in writing and delivered to [email protected], Users may temporarily suspend or permanently terminate their accounts. 
• How your information is used and how you may access your information is set forth in our Privacy Policy; 
• You may review the New York Dating Service Consumer Bill of Rights here; 

For subscribers residing in North Carolina: 

• You may review the North Carolina Buyer’s Rights here. 

For subscribers residing in Illinois, New York, North Carolina, and Ohio: 

• Our Services are widely available throughout the United States only. If you believe that you have moved outside a location where we provide the Services, please contact us in writing at MyTruDate [email protected] and we will work with you to suspend your account upon request. 

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: 

Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. Any paid subscription fee will be refundable if you cancel during that time. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8(d). 

CALIFORNIA SUBSCRIBERS: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service, as set forth in more detail in Section 8a. If you subscribed through your Apple ID, refunds are handled by Apple, not MyTruDate. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by emailing [email protected] a request containing your name, username, dated enrolled, and request for cancellation of your account. Please also include your email address, phone number, or other unique identifier you used to sign up for your account. You may have these Terms of Use (“Terms”) emailed to you by emailing [email protected] and in the subject line writing: “Attn: Terms Inquiries.” In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.