The use of One Date Focus throughout these terms and conditions represent One Date Focus (US-based Company)
Terms & Conditions of Membership
The Terms and Conditions of Membership sets out the terms under which the Service is provided to you. By registering with One Date Focus you become a member of the Service (a "Member").
The Service is being provided to you under the terms and conditions of this agreement and any operating rules, policies, and procedures as currently published on the website by. We reserve the right to change the terms and conditions of this agreement, change the Site (including discontinuing any content on or feature of the site) or change any fees or charges for using the Site at any time. By using the Service, you agree to be bound by all of the terms and conditions of this agreement. If you do not accept all of these terms and conditions, do not continue to use the Service
By joining One Date Focus. you understand that your profile and details will appear on other traditional dating sites within the One Date Focus network including traditional dating brands. Including but not limited to DeafMax.com, BrownHearts.com, and Onedatefoc.us.
By accepting these terms you acknowledge and agree that once you add a photo to your profile you will be added to the hot or cold rating feature as default. If you wish to remove yourself from the rating you can edit settings from your Date First profile.
WARNING: THIS WEBSITE MAY CONTAIN ADULT MATERIAL.
You understand, acknowledge, and agree that by becoming a member or registered user of the said service, you are consenting to be subjected to material of an adult nature. You certify that you are over 18 years of age, and competent to engage in contracts. The material contained within this site can be in the form of explicit pictures, videos, audio and through text based communication. If you are under the age of 18 years old or do not wish to be subjected to this material, please exit this sites and do not become member.
One Date Focus PROTECTS KIDS
We do all we can to protect children from adult websites. We takes all measures we can to make using our service as safe as possible. To reach that goal, the information on this web page attempts to assist parents understand how to protect their children from inappropriate online material.
We recommend installing parental control software on your computer. You can find quality parental control software but conducting a basic Internet search. Some Internet Service Providers (also known as ISPs) provide content filtering or similar software controls as part of their basic services.
In essence, parental control software blocks access to specific websites and online content. Generally, most software supplies a list of websites that are inappropriate for children and you can update the software through the providers website or, in some cases, the software will update automatically. You should also consider filtering software, which block sites based on keywords (e.g., "sex"). Note, filtering software generally does not automatically block access to adult-oriented material. You will likely have to configure the software to filter specific material.
If you have only one computer in your household, and you use the same computer as the children, you can set up the computer to filter content during certain hours, provide separate log in and password access, block personal information access and similar filtering and protection options.
Although you may attempt to block certain inappropriate content, you may also restrict access to legitimate sites. Certain keywords appear on legitimate news and information sites, which may require some testing with different settings when configuring the filter controls.
Remember that installing filtering software is no guarantee! Children may still be exposed to inappropriate material online. New websites pop up everyday, so it is critical to keep your software up to date and learn how your Internet browser software works in order to check the sites your family has visited (i.e., "History" feature, which displays a list of websites visited by the web browser).
Of course, sitting down and talking with your children about the possible dangers that exist on the Internet, and supervising their web surfing remain the best ways to protect them.
Here are some basic Internet-related safety points to you to protect your children (the list is not comprehensive):
Tell them to never give out personal information about themselves or their family to strangers they might meet online or in a chat room.
Remind them that online it is simple for people to pretend and disguise their true identity by easily changing their name, age and gender in an effort to get close to children.
Teach them that they should never meet a new online friend without an adult present.
Tell them to never give out their picture to a stranger, and that if they ever get a picture with sexual content, or something they find disturbing, that they should get off the computer immediately and tell a parent about it.
Let them know that if they encounter something or someone dangerous that you have an "open door" policy and that they can tell you about it, and that you will not blame them or get mad at them.
All users must acknowledge and agree that the said company (One Date Focus) is not responsible for any contact with other members/persons outside this service.
If you decide to arrange a meeting with another member/person through use of our site or services, we suggest that you read our safety guidelines and take the necessary precautions which can be found in our knowledge base and FAQ's. Any such face to face meetings are solely at your own risk and the said company One Date Focus is not responsible as this is out of our control. The member accepts and acknowledges this prior to completing the sign up process.
One Date Focus prohibits the sending of commercial emails and other promotional methods that may violate applicable law and/or otherwise be inappropriate. We encourage our users to help us combat this epidemic. If you received any form of promotion or other material you would like to advise us about, please contact us immediately by sending an email to firstname.lastname@example.org so that we can investigate it and take further action, if necessary. Thank you.
These Terms of Service ("TOS") are between One Date Focus. d/b/a One Date Focus (hereinafter referred to as "us", "we", "our", and/or "One Date Focus") and our members ("Members", "you" or "your").
UNDER THESE TOS, YOU SHALL COMPLY WITH One Date Focus' THEN CURRENT OTHER POLICES AND REGULATIONS, AS AMENDED, MODIFIED OR UPDATED FROM TIME TO TIME BY One Date Focus, WHICH CURRENTLY CAN BE VIEWED ON THIS WEBSITE, AND WHICH IS INCORPORATED IN THESE TOS BY REFERENCE. YOU HEREBY ACKNOWLEDGE THAT IT HAS REVIEWED SUCH POLICIES AND REGULATIONS. IN THE EVENT OF ANY INCONSISTENCIES BETWEEN THESE TOS AND SUCH POLICIES AND REGULATIONS, THE TERMS OF THESE TOS SHALL GOVERN. One Date Focus DOES NOT INTEND TO SYSTEMATICALLY MONITOR THE MEMBERS OF CONTENT THAT IS SUBMITTED TO, STORED ON OR DISTRIBUTED OR DISSEMINATED BY CUSTOMER VIA OUR WEBSITE(S). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TOS, One Date Focus MAY IMMEDIATELY TAKE CORRECTIVE ACTION, INCLUDING REMOVAL OF ALL OR A PORTION OF THE YOU CONTENT, DISCONNECTION OR DISCONTINUANCE OF ANY AND ALL SERVICES, OR TERMINATION OF SUCH SERVICES. IN THE EVENT One Date Focus TAKES CORRECTIVE ACTION DUE TO A VIOLATION OF THE POLICIES, REGULATIONS, AND/OR THESE TOS, YOU HEREBY AGREE THAT One Date Focus SHALL HAVE NO LIABILITY TO YOU DUE TO ANY CORRECTIVE ACTION THAT One Date Focus MAY TAKE (INCLUDING, WITHOUT LIMITATION, DISCONNECTION OF ALL SERVICES).
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND One Date Focus. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED BELOW.
Eligibility. You must be eighteen (18) years of age or over to register as a member of or use our website(s). Membership in the services is void where prohibited. By using and/or viewing this website, you represent and warrant that you have the right, authority, and capacity to enter into these TOS and to abide by all of its terms and conditions, that you are at least 18-years old, and that you are not prohibited by law from using One Date Focus website(s).
Fees/Termination. One Date Focus website(s) and related service usage and/or subscription fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you. We use credit card processors or banks outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a small "foreign transaction fee." Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees. We reserve the right to terminate your access to One Date Focus website(s) for any reason or no reason. We may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us or via any other method in its sole discretion. If we terminate your membership in the One Date Focus service because you have breached the policies, regulations and/or these TOS, in the sole discretion of we, you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Even after these TOS is terminated certain provisions will remain in effect, namely Sections 1, 3, 4, 5, 7, 9 10, 11, 12, 13, 14, inclusive, of these TOS. You may cancel these TOS, without any penalty or obligation, at any time prior to midnight on the third business day following your signing up for our services, excluding Sundays and holidays. To cancel these TOS, email email@example.com.
Non-Commercial Use by Members/Viewers. The One Date Focus website(s) is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of the One Date Focus website(s) and shall not use the One Date Focus service or website(s) for any purpose including but not limited to sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes. Illegal and/or unauthorized uses of the One Date Focus website(s), including unauthorized framing of or linking to the One Date Focus website(s) or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunction redress and/or termination of membership at One Date Focus' sole discretion. In order to prevent the sending of unsolicited commercial email or chat messages to its members, we may take reasonable steps, including the limiting of the numbers of emails or chat messages sent or received by a member and electronically filtering or throttling or terminating e-mail and chat messages as determined in our sole discretion.
Proprietary Rights of Content on One Date Focus. We own and retains other proprietary rights in the One Date Focus website(s) and the One Date Focus services. One Date Focus website(s) contain our copyrighted material, trademarks, and other proprietary information, and our affiliates and/or licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on One Date Focus website(s)/CD.
We claim immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for any content provided by third parties and members and nothing in these TOS is intended to waive, remove, or usurp such immunity. You understand and agree that we may delete any content, messages, photos or profiles (collectively, "Content") that as determined in our sole judgment violates these TOS or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of One Date Focus And/or our members.
You are solely responsible for the content that you publish or display (hereinafter, "post") on the One Date Focus website(s), or transmit to other members.
We will investigate and take appropriate legal action as determined in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the One Date Focus website(s) or services and terminating the membership of such violators. The following is a partial list of the type of content that may be illegal or prohibited (as the case may be) on the One Date Focus website(s), including but not limited to: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the One Date Focus website(s) and services in a manner consistent with any and all applicable laws and regulations.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the One Date Focus website(s). You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our website(s) is updated on a real time basis and is proprietary or is licensed to us by our users or third parties.
You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other One Date Focus members. Although we cannot monitor the conduct of its members off the One Date Focus website(s), it is also a violation of these TOS to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, members registered to other One Date Focus website(s). This feature may allow you to interact with additional members of the One Date Focus network of websites.
Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.
Copyright Policy/DMCA Notice. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use." Without limiting the foregoing, if you believe that your work has been copied and posted on a One Date Focus website(s) or services in a way that constitutes copyright infringement, please send an email to firstname.lastname@example.org.
Member Disputes. We do not solicit or control the information provided by other members that is made available through our system. You may find other member's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member's profile page or at other places throughout the One Date Focuswebsite(s). Please also use caution, common sense, and safety when using the One Date Focus website(s). You are solely responsible for your interactions with other One Date Focus members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the One Date Focus website(s), you release One Date Focus, including its shareholders, officers, directors, agents, attorneys, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code ß 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." We reserve the right, but have no obligation, to monitor disputes between you and other members.
Disclaimers. One Date Focus, including its shareholders, officers, directors, agents, attorneys, subsidiaries and employees, is not responsible for any incorrect or inaccurate content posted on the One Date Focus website(s) or in connection with the One Date Focus service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the One Date Focus service whether online or offline. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the One Date Focus website(s) and/or in connection with the One Date Focus service. Under no circumstances shall we be responsible for any loss or damage resulting from anyone's use of One Date Focus website(s) or the service and/or any content posted on the One Date Focus website(s) or transmitted to One Date Focus members. One Date Focus website(s) and the service are provided "AS-IS" and we expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and does not promise any specific results from use of the One Date Focus website(s) and/or the One Date Focus services. Note to WebTV users, our current website(s) technology does not support WebTV access. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF One Date Focus', ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "One Date Focus PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO One Date Focus PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. One Date Focus IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM A USER OR MEMBER OR STORED BY A USER OR MEMBER OR VIA THE SERVICES PROVIDED BY One Date Focus. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY One Date Focus PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation on Liability. Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the One Date Focus website(s) or the One Date Focusservices, even if we have been advised of the possibility of such damages. You further agree to hold us, including our shareholders, officers, directors, agents, attorneys, subsidiaries and employees harmless for claims arising in the event that other member's and/or user's profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL One Date Focus'S LIABILITY IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO One Date Focus BY YOU DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. One Date Focus CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. One Date Focus WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
U.S. Export Controls. Software from the One Date Focus website(s) is further subject to United States export controls. No software from the One Date Focus website(s) may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using our software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, shareholders, officers, agents, attorneys, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the services in violation of these TOS and/or arising from a breach of these TOS and/or any breach of your representations and warranties set forth above.
Notices/Miscellaneous. Except as explicitly stated otherwise, any notices for One Date Focus shall be sent to email@example.com or to the email address you provide to One Date Focus during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to One Date Focus during the registration process. In such case, notice shall be given three (3) days after the date of mailing. You agree that these TOS and all incorporated Agreements may be automatically assigned by us, as determined in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. References to One Date Focus shall include our subsidiaries, affiliates, shareholders, officers, agents, attorneys and other partners and employees. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of these TOS is held invalid, the remainder of these TOS shall continue in full force and effect.
Binding Individual Arbitration
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and One Date Focus regarding any services provided, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 14 (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with One Date Focus or any of a One Date Focus' officers, directors, employees, attorneys and agents that cannot be resolved through negotiation within the time-frame described in the "Notice of Dispute" clause below. Other than those matters listed in the Exclusions from Arbitration clause, you and One Date Focus that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section 14, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND One Date Focus AGREE THAT ANY CLAIM FILED BY YOU OR BY One Date Focus IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 14.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION 14, YOU MUST NOTIFY One Date Focus IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO One Date Focus, 3840 NW 5th Street, Fort Lauderdale, FL 33311, ATTN: One Date Focus LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NAME/NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH One Date FocusTHROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH One Date Focus, YOU MUST SEND WRITTEN NOTICE TO One Date Focus, 111 E. BROADWAY, SUITE 210, GLENDALE, CA 91205, ATTN: One Date Focus LEGAL DEPARTMENT/ARBITRATION TO GIVE One Date Focus YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If the Dispute you have with One Date Focus is not resolved within 60 days from receipt of notice of the Dispute, you or One Date Focus may pursue your claim in arbitration pursuant to the terms in this Section 14.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND One Date Focus SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or One Date Focus elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section 14 govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by One Date Focus concerns interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrarily of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with One Date Focus as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to One Date Focus or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or One Date Focus may initiate arbitration in either Broward County, Florida or the county in which you reside. In the event that you select the county of your residence, One Date Focus may transfer the arbitration to Broward County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
Severability. If any clause within this Section 14 (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section 14, and the remainder of this Section 14 will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section 14 will be unenforceable, and the Dispute will be decided by a court and you and One Date Focus each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section 14 shall survive any termination of this Agreement.
Governing Law and Jurisdiction. YOU AND One Date Focus AGREE THAT THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTE BETWEEN YOU AND One Date Focus. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE SUPERIOR COURT FOR THE STATE OF MARYLAND IN AND FOR THE COUNTY OF BROWARD OR IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA.
One Date Focus, at its sole discretion, may modify the terms of this Agreement at any time. By accepting this Agreement or by accessing the services, you agree to be bound by all current terms of the Agreement. If material changes to this Agreement are made, you will be notified by e-mail or other communication when you sign in. If necessary, you will be given additional choices regarding such change(s). Your continued use of the services, including use of your associated account(s), will signify your acceptance of these changes. If you do not accept material changes to the Agreement, contact us to terminate this Agreement and your account(s).
This Agreement shall inure to the benefit of the parties, including any successors in interest of One Date Focus. One Date Focus has the right to assign any and all of its rights and obligations hereunder to any affiliate(s) or to any company in the One Date Focus family group of companies.
If any provision of this Agreement is held illegal or otherwise unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of the Agreement shall remain in full force and effect.
Except as otherwise required by applicable law, this Agreement shall be construed and interpreted in accordance with the laws of the State of Delaware applying to contracts fully executed and performed within the State of Delaware. Except as otherwise required by applicable law, both parties submit to personal jurisdiction in California and further agree that any dispute arising from or relating to this Agreement shall be brought in a court within the state courts of Broward County, Florida and the federal courts of the Central District of Florida. In the event of litigation to enforce any part of this Agreement, all costs and fees, including attorney's fees, shall be paid by the non-prevailing party to the extent permitted by applicable law.
Use of the Website
To be eligible to use the Service, you must be over 18 years of age. You must provide certain current, complete, and accurate information about yourself at registration and maintain and update such registration information ("Registration Data") so that such information remains current, complete and accurate. One Date Focus may refuse to offer its Service to anyone without the need to give any reason and may change its criteria for Membership at any time. One Date Focus will notify you if you have been accepted and registered as a Member. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, One Date Focus retains the right to terminate your Membership immediately.
From time to time we may in