Effective: August 7, 2024
These Terms of Service constitute a legally binding agreement between you (“you” or “User”) and Ready Platform, Inc. (together with its affiliates, “Company”, “we,” “our” or “us”) governing your use of our products, mobile application, services, and the “readyplatform.co” website (the “Site”, “Ready Platform” and collectively with the foregoing, the “Services”).
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, YOU ALSO ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at https://www.readyplatform.co/prototype/privacy-policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”
1. Use of the Services. Company grants a non-exclusive, worldwide, fully paid-up license during the Term to use the Services. Services are intended to allow you to connect to other users looking to get in a serious romantic relationship. We want our users to be able express themselves as much as possible on Ready Platform, but we have to impose restrictions on certain content which:
Investigation & Safety Monitoring To protect user safety and platform integrity, the Company may review and analyze user profile information, account activity, and communications between users when: (i) a report of prohibited behavior, fraud, or safety concerns is received; (ii) automated or non-automated internal systems detect potential violations of these Terms; or (iii) such review is necessary to prevent harm to users or enforce these Terms. Any such review will be limited in scope to information reasonably necessary for the investigation and conducted in accordance with our Privacy Policy and applicable laws.
2. Offline Interactions.
a. You acknowledge and agree that the Company is not responsible for the conduct of any User on or off the Services, including interactions that begin on the Services but continue through other platforms or in person. You agree to exercise caution in all interactions with other Users, particularly if you decide to communicate outside of the Services or meet in person.
b. You assume all risks associated with interactions with other Users, including but not limited to emotional distress, physical injury, financial loss, identity theft, or other harm. You agree to hold the Company harmless from any claims, damages, or losses arising from your interactions with other Users.
c. We encourage you to report any concerning behavior. However, you acknowledge that the Company cannot guarantee the accuracy of User profiles or conduct background checks on Users, and you are solely responsible for your own safety and well-being when interacting with other Users.
3. Ownership. The Services and all related intellectual property rights (whether or not registered) shall remain the exclusive property of Company. Under no circumstances shall User (i) share login information for the Services (or it’s hosting location) with any third party, (ii) modify or reverse engineer the Services or (iii) sell, license, distribute, or otherwise transfer to a third party or encumber the Services without Company’s prior written consent. For purposes of clarity, any derivative works created solely by User using the Services, but not including any portions of the Services (the “User Derivative Works”) shall be the property of User, but User shall only have a license to the Services necessary to operate the User Derivative Works for internal evaluation purposes during the Term. User hereby grants Company a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) User communicates to Company during the Term, without compensation, without any obligation to report on such use, and without any other restriction. Company’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property. Feedback will not be considered User’s confidential information or its trade secret. “Feedback” refers to any suggestion or idea for modifying any of Company’s products or services.
4. License to Use Customer Data. User, on behalf of itself and its suppliers and licensors (as applicable) hereby grants Company during the Term a limited, non-exclusive, non-transferable (other than pursuant to Section 12 of this Agreement), non-sublicensable (other than to subcontractors of the Company) license to use, view, copy, and analyze User data solely internal purposes to develop, maintain, and improve the Platform. Company does not sell, share, or use User data for targeted advertising, marketing, or third-party distribution. All data is securely stored using industry-standard encryption and security measures.
5. Customer Marks; Marketing. User hereby grants to Company a worldwide, non-exclusive, non-transferable license to use and display all Marks provided by User to Company for inclusion in the Platform solely for the purpose of Company's provision of the Platform, as selected by User from time to time.
6. Term and Termination. This Agreement shall commence on the Effective Date and shall terminate in six (6) months of the Effective Date, provided that (i) unless Company gives User thirty (30) days advance written notice of termination, this Agreement shall automatically renew for additional one (1)-month terms, and (ii) Company may, at its option, terminate this Agreement immediately if User fails to comply with any terms and conditions of this Agreement. Sections 3-9 shall survive termination or expiration of this Agreement.
7. No Warranty. THE SERVICES ARE PROVIDED “AS IS”, AND COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHER LEGAL THEORY, EXCEED ONE HUNDRED DOLLARS ($100).
9. Indemnification. You agree to indemnify, defend, and hold harmless Ready Platform, Inc., its affiliates, directors, employees, contractors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of this Agreement; (iii) your interaction with any other User; or (iv) your conduct outside of the Services in connection with any individual you met through the platform.
10. Confidential Information. Company may use general insights gained from User’s use of the Services for internal improvement, but shall not use or disclose any User-specific data without explicit consent. User retains all rights to its confidential data, and Company shall implement reasonable safeguards to protect such data in accordance with its privacy policy.
11. Dispute Resolution and Governing Law.
11.1This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles.
11.2Binding Arbitration: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN SAN FRANCISCO COUNTY, CALIFORNIA. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
12. Miscellaneous and Entire Agreement. The parties are independent contractors, and nothing in this Agreement is intended to or shall create any agency, partnership or joint venture relationship between them. This Agreement shall be governed by the laws of the State of California. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other party’s prior written consent, except in connection with any merger, consolidation, reorganization, sale or similar transaction of the assigning party in which the surviving entity is not a direct competitor of the non-assigning party. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This Agreement constitutes the entire Agreement between Company and User with respect to the subject matter hereof and not be modified without the prior written consent of both parties.
Effective: August 7, 2024
These Terms of Service constitute a legally binding agreement between you (“you” or “User”) and Ready Platform, Inc. (together with its affiliates, “Company”, “we,” “our” or “us”) governing your use of our products, mobile application, services, and the “readyplatform.co” website (the “Site”, “Ready Platform” and collectively with the foregoing, the “Services”).
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, YOU ALSO ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at https://www.readyplatform.co/prototype/privacy-policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”
1. Use of the Services. Company grants a non-exclusive, worldwide, fully paid-up license during the Term to use the Services. Services are intended to allow you to connect to other users looking to get in a serious romantic relationship. We want our users to be able express themselves as much as possible on Ready Platform, but we have to impose restrictions on certain content which:
Investigation & Safety Monitoring To protect user safety and platform integrity, the Company may review and analyze user profile information, account activity, and communications between users when: (i) a report of prohibited behavior, fraud, or safety concerns is received; (ii) automated or non-automated internal systems detect potential violations of these Terms; or (iii) such review is necessary to prevent harm to users or enforce these Terms. Any such review will be limited in scope to information reasonably necessary for the investigation and conducted in accordance with our Privacy Policy and applicable laws.
2. Offline Interactions.
a. You acknowledge and agree that the Company is not responsible for the conduct of any User on or off the Services, including interactions that begin on the Services but continue through other platforms or in person. You agree to exercise caution in all interactions with other Users, particularly if you decide to communicate outside of the Services or meet in person.
b. You assume all risks associated with interactions with other Users, including but not limited to emotional distress, physical injury, financial loss, identity theft, or other harm. You agree to hold the Company harmless from any claims, damages, or losses arising from your interactions with other Users.
c. We encourage you to report any concerning behavior. However, you acknowledge that the Company cannot guarantee the accuracy of User profiles or conduct background checks on Users, and you are solely responsible for your own safety and well-being when interacting with other Users.
3. Ownership. The Services and all related intellectual property rights (whether or not registered) shall remain the exclusive property of Company. Under no circumstances shall User (i) share login information for the Services (or it’s hosting location) with any third party, (ii) modify or reverse engineer the Services or (iii) sell, license, distribute, or otherwise transfer to a third party or encumber the Services without Company’s prior written consent. For purposes of clarity, any derivative works created solely by User using the Services, but not including any portions of the Services (the “User Derivative Works”) shall be the property of User, but User shall only have a license to the Services necessary to operate the User Derivative Works for internal evaluation purposes during the Term. User hereby grants Company a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) User communicates to Company during the Term, without compensation, without any obligation to report on such use, and without any other restriction. Company’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property. Feedback will not be considered User’s confidential information or its trade secret. “Feedback” refers to any suggestion or idea for modifying any of Company’s products or services.
4. License to Use Customer Data. User, on behalf of itself and its suppliers and licensors (as applicable) hereby grants Company during the Term a limited, non-exclusive, non-transferable (other than pursuant to Section 12 of this Agreement), non-sublicensable (other than to subcontractors of the Company) license to use, view, copy, and analyze User data solely internal purposes to develop, maintain, and improve the Platform. Company does not sell, share, or use User data for targeted advertising, marketing, or third-party distribution. All data is securely stored using industry-standard encryption and security measures.
5. Customer Marks; Marketing. User hereby grants to Company a worldwide, non-exclusive, non-transferable license to use and display all Marks provided by User to Company for inclusion in the Platform solely for the purpose of Company's provision of the Platform, as selected by User from time to time.
6. Term and Termination. This Agreement shall commence on the Effective Date and shall terminate in six (6) months of the Effective Date, provided that (i) unless Company gives User thirty (30) days advance written notice of termination, this Agreement shall automatically renew for additional one (1)-month terms, and (ii) Company may, at its option, terminate this Agreement immediately if User fails to comply with any terms and conditions of this Agreement. Sections 3-9 shall survive termination or expiration of this Agreement.
7. No Warranty. THE SERVICES ARE PROVIDED “AS IS”, AND COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHER LEGAL THEORY, EXCEED ONE HUNDRED DOLLARS ($100).
9. Indemnification. You agree to indemnify, defend, and hold harmless Ready Platform, Inc., its affiliates, directors, employees, contractors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of this Agreement; (iii) your interaction with any other User; or (iv) your conduct outside of the Services in connection with any individual you met through the platform.
10. Confidential Information. Company may use general insights gained from User’s use of the Services for internal improvement, but shall not use or disclose any User-specific data without explicit consent. User retains all rights to its confidential data, and Company shall implement reasonable safeguards to protect such data in accordance with its privacy policy.
11. Dispute Resolution and Governing Law.
11.1This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles.
11.2Binding Arbitration: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN SAN FRANCISCO COUNTY, CALIFORNIA. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
12. Miscellaneous and Entire Agreement. The parties are independent contractors, and nothing in this Agreement is intended to or shall create any agency, partnership or joint venture relationship between them. This Agreement shall be governed by the laws of the State of California. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other party’s prior written consent, except in connection with any merger, consolidation, reorganization, sale or similar transaction of the assigning party in which the surviving entity is not a direct competitor of the non-assigning party. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This Agreement constitutes the entire Agreement between Company and User with respect to the subject matter hereof and not be modified without the prior written consent of both parties.
Effective: August 7, 2024
These Terms of Service constitute a legally binding agreement between you (“you” or “User”) and Ready Platform, Inc. (together with its affiliates, “Company”, “we,” “our” or “us”) governing your use of our products, mobile application, services, and the “readyplatform.co” website (the “Site”, “Ready Platform” and collectively with the foregoing, the “Services”).
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE, YOU ALSO ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at https://www.readyplatform.co/prototype/privacy-policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.”
1. Use of the Services. Company grants a non-exclusive, worldwide, fully paid-up license during the Term to use the Services. Services are intended to allow you to connect to other users looking to get in a serious romantic relationship. We want our users to be able express themselves as much as possible on Ready Platform, but we have to impose restrictions on certain content which:
Investigation & Safety Monitoring To protect user safety and platform integrity, the Company may review and analyze user profile information, account activity, and communications between users when: (i) a report of prohibited behavior, fraud, or safety concerns is received; (ii) automated or non-automated internal systems detect potential violations of these Terms; or (iii) such review is necessary to prevent harm to users or enforce these Terms. Any such review will be limited in scope to information reasonably necessary for the investigation and conducted in accordance with our Privacy Policy and applicable laws.
2. Offline Interactions.
a. You acknowledge and agree that the Company is not responsible for the conduct of any User on or off the Services, including interactions that begin on the Services but continue through other platforms or in person. You agree to exercise caution in all interactions with other Users, particularly if you decide to communicate outside of the Services or meet in person.
b. You assume all risks associated with interactions with other Users, including but not limited to emotional distress, physical injury, financial loss, identity theft, or other harm. You agree to hold the Company harmless from any claims, damages, or losses arising from your interactions with other Users.
c. We encourage you to report any concerning behavior. However, you acknowledge that the Company cannot guarantee the accuracy of User profiles or conduct background checks on Users, and you are solely responsible for your own safety and well-being when interacting with other Users.
3. Ownership. The Services and all related intellectual property rights (whether or not registered) shall remain the exclusive property of Company. Under no circumstances shall User (i) share login information for the Services (or it’s hosting location) with any third party, (ii) modify or reverse engineer the Services or (iii) sell, license, distribute, or otherwise transfer to a third party or encumber the Services without Company’s prior written consent. For purposes of clarity, any derivative works created solely by User using the Services, but not including any portions of the Services (the “User Derivative Works”) shall be the property of User, but User shall only have a license to the Services necessary to operate the User Derivative Works for internal evaluation purposes during the Term. User hereby grants Company a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) User communicates to Company during the Term, without compensation, without any obligation to report on such use, and without any other restriction. Company’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property. Feedback will not be considered User’s confidential information or its trade secret. “Feedback” refers to any suggestion or idea for modifying any of Company’s products or services.
4. License to Use Customer Data. User, on behalf of itself and its suppliers and licensors (as applicable) hereby grants Company during the Term a limited, non-exclusive, non-transferable (other than pursuant to Section 12 of this Agreement), non-sublicensable (other than to subcontractors of the Company) license to use, view, copy, and analyze User data solely internal purposes to develop, maintain, and improve the Platform. Company does not sell, share, or use User data for targeted advertising, marketing, or third-party distribution. All data is securely stored using industry-standard encryption and security measures.
5. Customer Marks; Marketing. User hereby grants to Company a worldwide, non-exclusive, non-transferable license to use and display all Marks provided by User to Company for inclusion in the Platform solely for the purpose of Company's provision of the Platform, as selected by User from time to time.
6. Term and Termination. This Agreement shall commence on the Effective Date and shall terminate in six (6) months of the Effective Date, provided that (i) unless Company gives User thirty (30) days advance written notice of termination, this Agreement shall automatically renew for additional one (1)-month terms, and (ii) Company may, at its option, terminate this Agreement immediately if User fails to comply with any terms and conditions of this Agreement. Sections 3-9 shall survive termination or expiration of this Agreement.
7. No Warranty. THE SERVICES ARE PROVIDED “AS IS”, AND COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF COMPANY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHER LEGAL THEORY, EXCEED ONE HUNDRED DOLLARS ($100).
9. Indemnification. You agree to indemnify, defend, and hold harmless Ready Platform, Inc., its affiliates, directors, employees, contractors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with: (i) your access to or use of the Services; (ii) your violation of this Agreement; (iii) your interaction with any other User; or (iv) your conduct outside of the Services in connection with any individual you met through the platform.
10. Confidential Information. Company may use general insights gained from User’s use of the Services for internal improvement, but shall not use or disclose any User-specific data without explicit consent. User retains all rights to its confidential data, and Company shall implement reasonable safeguards to protect such data in accordance with its privacy policy.
11. Dispute Resolution and Governing Law.
11.1This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles.
11.2Binding Arbitration: ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL TAKE PLACE IN SAN FRANCISCO COUNTY, CALIFORNIA. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
12. Miscellaneous and Entire Agreement. The parties are independent contractors, and nothing in this Agreement is intended to or shall create any agency, partnership or joint venture relationship between them. This Agreement shall be governed by the laws of the State of California. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other party’s prior written consent, except in connection with any merger, consolidation, reorganization, sale or similar transaction of the assigning party in which the surviving entity is not a direct competitor of the non-assigning party. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. This Agreement constitutes the entire Agreement between Company and User with respect to the subject matter hereof and not be modified without the prior written consent of both parties.