1: Introduction
By accessing or using JustADrink's Services, you agree to be bound by this Terms of Use Agreement (the "Terms" or "Agreement"). This Agreement includes our Privacy Policy, Safety Guidelines, and any other policies shared with you. Please take the time to read these documents carefully before setting up your profile. IMPORTANT NOTICE: SECTION 15 BELOW CONTAINS IMPORTANT INFORMATION ABOUT HOW DISPUTES BETWEEN YOU AND JustADrink WILL BE RESOLVED. IT INCLUDES DETAILS ABOUT A REQUIRED INFORMAL DISPUTE RESOLUTION PROCESS, ARBITRATION, CLASS ACTION WAIVERS, AND OTHER PROVISIONS THAT MAY IMPACT YOUR RIGHTS. We may update our Terms from time to time to reflect changes or improvements to JustADrink. You'll find the latest version on this page, so please check back regularly. Welcome to JustADrink! We're operated by JustADrink. In this Agreement, terms like "JustADrink", "us", "we", and "our" refer to JustADrink. You and JustADrink together are the "Parties." By accessing or using our Services through our website JustADrink.com, the JustADrink mobile app, or any other way we connect you (collectively, the "Service" or our "Services"), you agree fully to these Terms. This Agreement covers all users of JustADrink, whether you've registered for a free account or have one of our optional subscription plans. Your use of JustADrink is also subject to our Privacy Policy, Safety Guidelines, and any other terms you agree to when making in-app purchases ("Additional Terms Upon Purchase"). These are all considered part of this Agreement. If you're not comfortable with any part of these Terms, please don't use our Services. We can change our Terms at any time. We'll let you know about major changes by posting them here with the updated "effective date." We might also try to email you or notify you in another way. Even so, it's your responsibility to check this page for updates. If you keep using JustADrink after a change, that means you've accepted the updated Terms.
2: Account Eligibility & Your Responsibilities
Prior to creating a JustADrink profile, it is imperative that you acknowledge and comprehend the following terms and conditions. This section delineates eligibility criteria for utilizing our Services and the obligations expected of our users. Eligibility Requirements To register for a JustADrink account, you must provide affirmative confirmation of the following. By using our Services, you represent and warrant that: Age of Majority: You are at least 18 years of age or have reached the legal age of majority in your jurisdiction. Legal Capacity: You possess the legal capacity to enter into a binding contractual agreement. Authentic Intentions: You are seeking meaningful connections and interactions. Financial Responsibility: You acknowledge understanding and accept responsibility for the secure management of your financial information utilized in connection with our Services. Important Note: In the event that you cease to fulfill any of the above eligibility requirements, all authorization to access JustADrink Services is automatically revoked. You bear the sole responsibility for the immediate deletion of your account under such circumstances. We retain the right to terminate your account without prior notice. User Obligations You hereby agree to: Compliance: Adhere to these Terms of Service without exception. You acknowledge that these Terms are subject to periodic revision and agree to review this section regularly for updates. Legal and Regulatory Adherence: Comply with all applicable laws and regulations, including but not limited to privacy laws, intellectual property laws, anti-spam laws, and other pertinent regulatory requirements. Respectful Conduct: Treat all users with courtesy and respect, both within the confines of the JustADrink Services and in any external interactions with other users. Abide by our Community Guidelines, which outline acceptable behavior in detail. Account Security: Maintain the confidentiality of your account credentials and implement reasonable cybersecurity measures to protect your login information. Authentic Representation: Provide accurate and truthful information about yourself within your profile, including at least one clearly identifiable photograph. Prohibited Conduct You expressly agree that you will not: Misrepresentation: Falsify your identity, age, qualifications, or any other personal details. Malicious Intent: Utilize the Services in any way that disrupts their operation, negatively impacts other users, or facilitates harmful, illegal, or unethical activities. Harassment and Abuse: Engage in harassment, threats, discrimination, or any other conduct that endangers or compromises the safety and well-being of any individual. Unauthorized Disclosure: Share the personal information of another person without their explicit consent. Exploitation: Solicit money, gifts, or any other form of compensation from another user. Account Duplication: Create or utilize multiple accounts in violation of our Terms of Service. Connection Commissions Acknowledgement: You acknowledge that the process of arranging meetups with JustADrink involves a $4 Connection Commission, the specific terms of which are outlined during signup and in our FAQs. Responsibility: You are solely responsible for the accuracy of any payment information provided in connection with JustADrink. Refunds: Refunds of Connection Commissions are subject to our Refund Policy, as detailed in a separate section of these Terms of Service. Inconvenience Fee: In the event that a user who offers a drink does not arrive to the scheduled meetup location on time, or evidence is provided that the offer did not pay for the offered drink, JustADrink will charge a $15 fee per incident by the user. Consequences of Non-Compliance Violation of any provision within these Terms of Service constitutes grounds for immediate suspension or termination of your JustADrink account. We reserve the right to take such action at our sole discretion. Remember, JustADrink is designed to facilitate quick meetups and genuine connections – we ask all users to conduct themselves in a manner that fosters a safe and respectful environment.
3: Content Ownership and User Rights
This section clarifies your rights and obligations regarding the content on JustADrink, including the information you share and the content you encounter while using our Services. 3.a. Your Content Ownership and Responsibility: You retain ownership of the content you upload or submit to JustADrink ("Your Content"). This includes your profile information, photos, and any messages you send. Acceptable Use: You are solely responsible for ensuring Your Content is appropriate and in compliance with these Terms of Service. Avoid sharing anything that could be considered offensive, illegal, or that might expose you or JustADrink to legal issues. Indemnification: You agree to hold JustADrink harmless from any legal claims arising from Your Content. This includes any information you share through Facebook or other third-party connections. Accuracy and Updates: You represent and warrant that the information you provide about yourself is accurate, including any details imported from social media profiles. You agree to keep this information updated to ensure its ongoing accuracy. Profile Content: The information you include on your profile should be relevant to meeting people for casual drinks and social interaction. Personal Information Restrictions: You are prohibited from displaying any personal contact or financial information, such as phone numbers, addresses, email addresses, or banking details (yours or someone else's). Disclosure Risks: Sharing any personal information with other users is at your own discretion. We advise exercising caution when revealing sensitive details online. Global Visibility: Your profile will be visible to users worldwide. Be sure you're comfortable with others seeing Your Content before you post it. Sharing by Others: Acknowledge that other users may share Your Content with third parties, even if it's not explicitly authorized by these Terms. Content License: By uploading Your Content, you represent that you have the necessary rights to do so and grant JustADrink a non-exclusive license to use Your Content as specified in Section 7 of these Terms. Monitoring and Removal: We reserve the right to monitor or review Your Content. We may, at our sole discretion, remove, edit, limit, or block access to any of Your Content that violates these Terms. We are under no obligation to display or review Your Content. 3.b. User-Generated Content JustADrink provides a platform for users to share content with each other ("Member Content"). Here's what you need to know: Ownership and Rights: Member Content belongs to the user who uploaded it. While it's stored on JustADrink's servers, the original user retains ownership rights. Restrictions on Use: You may only access and use Member Content for the intended purpose of JustADrink – to connect and interact with other users. You may not copy, distribute, or exploit Member Content commercially, for spam, harassment, or threats. Termination for Misuse: We reserve the right to terminate your account if you misuse Member Content in any way. 3.c. JustADrink Content JustADrink owns all other content on our Services, including text, graphics, logos, trademarks, and images ("Our Content"). This content is protected by intellectual property rights like copyright and trademarks. Limited Use License: We grant you a limited license to access and use Our Content for the sole purpose of using JustADrink's Services as intended. All other rights are reserved by JustADrink.
4: Inappropriate Content, Misconduct, and Reporting Procedures
JustADrink has a zero-tolerance policy for inappropriate content and harmful behavior. We strive to foster a community where all users feel safe and respected. Inappropriate content or misconduct, whether occurring directly on JustADrink or outside of the platform, is grounds for corrective action. Reporting Mechanisms We strongly encourage you to report any instances of the following: Inappropriate Content: Any content uploaded by other users that violates these Terms of Service, including but not limited to harassment, discrimination, sexually explicit material, or attempts to exploit users. Misconduct: Any behavior by another user that makes you feel unsafe, uncomfortable, or disrespected, whether the interaction occurs within the confines of JustADrink or in an external setting. How to File a Report: In-App Reporting: You may report a user directly within their profile by selecting the "Report" option. External Reporting: You may submit a report through our website's contact form Support@JustADrink.com. Consequences of Inappropriate Behavior In accordance with our Privacy Policy, we may share relevant user data across our affiliated platforms for the purposes of improving user safety. If we determine that you have violated these Terms, we reserve the right to take corrective actions, including but not limited to: Account Suspension or Termination: Your JustADrink account may be suspended or permanently removed. Affiliate Network Bans: You may be banned from other services within our affiliate network. Denial of Future Accounts: We may prevent you from creating new accounts on JustADrink or our affiliated platforms. User Privacy Considerations: In some instances, we may be unable to provide you with detailed information regarding actions taken against another user. We prioritize the safety and privacy of all our users, including those who may be subject to corrective actions. Intellectual Property Infringement Complaints: For complaints regarding possible copyright infringement of content shared by other users, please refer to Section 12 (Digital Millennium Copyright Act) of these Terms of Service.
5: Privacy
At JustADrink, we value your privacy and have developed a comprehensive Privacy Policy that outlines our practices for handling user data. Privacy Policy: Before using our Services, it is imperative that you carefully review our Privacy Policy. This policy provides detailed information regarding the collection, use, and sharing of your personal data by both JustADrink and its affiliated companies. Consent: By utilizing JustADrink's Services, you acknowledge and consent to the use of your personal data as outlined within our Privacy Policy. Important Note: We recommend that you revisit our Privacy Policy periodically, as it may be subject to revisions.
6: Rights Granted to You
Subject to your ongoing compliance with these Terms of Service, JustADrink grants you a limited license to use our Services. This license includes the following: Personal Use: You have the right to access and use JustADrink's Services for the intended purpose of finding and connecting with potential dates in a social setting. Global Access: This license grants you access to JustADrink worldwide. Non-Commercial: Your use of JustADrink must be strictly for personal, non-commercial purposes. Non-Transferable: This license is granted solely to you and cannot be assigned or transferred to any other individual or entity. Revocable: JustADrink reserves the right to revoke this license and terminate your access to the Services at any time if you violate these Terms of Service or applicable laws. Important Note: This license does not grant you any ownership rights to JustADrink's intellectual property or proprietary information.
7: Rights You Grant to JustADrink
While you retain ownership of all content you submit to JustADrink, you grant us certain rights to ensure the proper functioning of our Services. License Grant By creating a JustADrink account and submitting Your Content, you grant JustADrink a non-exclusive, worldwide, transferable, sublicensable, royalty-free license with the following rights: Hosting and Use: To host, store, copy, display, adapt, modify, edit, publish, translate, and reformat Your Content. Distribution and Promotion: To distribute, advertise, and generally make Your Content accessible to the public, both within JustADrink and potentially through external promotional channels. Incorporation into Other Works: To incorporate Your Content, either in part or whole, into features, derivative works, or other materials related to JustADrink. Derivative Works: JustADrink holds an exclusive license for derivative works created using Your Content within the context of our Services (e.g., screenshots including Your Content). Infringement Protection: To protect your intellectual property rights, you authorize JustADrink to take action on your behalf if Your Content is used outside of our Services without authorization. This includes the authority to issue DMCA Takedown Notices on your behalf. JustADrink is not obligated to take action and will assess infringement claims on a case-by-case basis. Legal Considerations: JustADrink's use of Your Content will always be subject to applicable laws, including data protection laws when personal information is involved. Advertising: As part of providing JustADrink's Services, you agree that we, our affiliates, and third-party partners may display advertising within our Services. Feedback: By providing suggestions or feedback, you grant JustADrink the right to use and share that feedback for any purpose, without obligation to compensate you. Compliance and Protection: JustADrink reserves the right to access, preserve, or disclose your account information, including Your Content, if any of the following apply: Legal Obligation: When required by law or legal process. Enforcement: To enforce compliance with these Terms of Service. Third-Party Rights: To respond to claims that Your Content violates the rights of others. Customer Service: To address any customer service requests you submit. Safety: To protect the rights, property, or safety of JustADrink, our users, or the general public.
8: JustADrink Connections and Payments
This section will cover how JustADrink's Connection Commissions and any associated fees work. Key Points to Address Connection Commission: Explain the $4 charge and when it occurs. Refund policy (we'll need to finalize this). No-Show Penalty: Define what constitutes a "no-show." Explain the $12 penalty and how it's charged. Payment Methods: Outline how users can pay (credit card, etc.). Briefly mention chargebacks and their potential consequences. Dispute Resolution: A short section on how to contact support for billing issues. Rewriting the Section Here's a first draft, assuming a simple credit/debit card payment structure and a stricter no-show refund policy. We can refine it as needed: 8b: Understanding JustADrink Connection Commissions and Fees Connection Commission To confirm a date on JustADrink, you'll be charged a $4 Connection Commission. This ensures both parties are invested in the meetup. The Connection Commission will be charged automatically when you and another user mutually agree to arrange a date. Connection Commissions are non-refundable unless your scheduled date does not take place due to the other user canceling or failing to show up. No-Show Penalty If you fail to show up for a scheduled meetup without providing sufficient notice to the other user, you will be charged a $12 no-show penalty. "Sufficient notice" is defined as 3 hours prior to the set connection time. No-show penalties help protect our users and ensure everyone's time is respected. Payment and Disputes JustADrink accepts payments through major credit and debit cards. If you believe an error has occurred with your billing, please contact JustADrink support at Support@JustADrink.com Initiating a chargeback without first attempting to resolve the issue through our support channels may result in account termination. Important Notes JustADrink may change fees or change payment policies at any time. We'll provide notice before these changes take effect.
9: Account Termination
This section outlines your right to terminate your account and JustADrink's right to do so under specific circumstances. Voluntary Termination You may terminate your JustADrink account at any time. To do so, access the "Settings" section of the app and follow the instructions for account deletion. Account termination does not automatically stop any billing associated with external services (e.g., App Store, Google Play). You must manage those accounts separately to avoid further charges. Termination by JustADrink JustADrink reserves the right to suspend or terminate your account, without prior notice and without obligation for a refund, under the following circumstances: Violation of Terms: You have acted in a way that violates these Terms of Service. Harmful or Unlawful Behavior: You have engaged in behavior that is deemed inappropriate, harmful, or unlawful by JustADrink, whether on or off the platform. Protecting Users and the Platform: JustADrink may terminate your account to protect other users, the integrity of the Services, or for any other reason deemed necessary at our sole discretion.
10: Disclaimer and Limitation of Liability
JustADrink provides its Services on an "as is" and "as available" basis. Please carefully consider the inherent risks involved in online interactions and the limited control JustADrink has over user behavior. Disclaimer of Warranties To the fullest extent permissible under applicable law, JustADrink disclaims all warranties, express or implied, regarding the Services. This includes, but is not limited to: Quality and Fitness: JustADrink makes no guarantees regarding the suitability of the Services for any specific purpose, their merchantability, or their overall quality. Functionality and Errors: JustADrink does not guarantee that the Services will function without interruptions, be entirely secure, or be free from errors or defects. Content Accuracy: JustADrink is not responsible for the accuracy, appropriateness, or reliability of any content or information you encounter through the Services. User Interactions: JustADrink cannot guarantee the number of potential connections, the quality of those interactions, or the ultimate outcomes of any communication or meetings facilitated by the Services. Limitation of Liability JustADrink assumes no responsibility or liability for the following: User Content: You are solely responsible for content you share and interactions you have with other users, both on and off the JustADrink platform. User Identity and Conduct: JustADrink does not fully verify user identities and cannot guarantee the behavior, intentions, or representations made by any user. Technology Disruptions: JustADrink is not liable for damages resulting from technical issues, security breaches, or other disruptions to the Services.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively. JustADrink has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our 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 to copyright@JustADrink.com, by phone to 123-456-7890 or via mail to the following address: Copyright Compliance Department c/o JustADrink Legal, 8750 N. Central Expressway, Dallas, Texas 75231. JustADrink will terminate the accounts of repeat infringers.
12. Transparency on Third-Party Subprocessor Tools
To provide the best possible JustADrink experience, we partner with trusted third-party tools like Bugsee, Sentry, and Twilio. This section details what data they may collect and how it's used. 12A. Use of Bugsee for Error Monitoring Purpose: JustADrink utilizes Bugsee, a software tool, to improve app stability and user experience. Bugsee helps us identify and resolve technical issues, crashes, and unexpected errors within the JustADrink app. Data Collected by Bugsee: To facilitate error diagnosis, Bugsee may collect the following types of information: Technical Data: Device type, operating system version, app version, network information, error logs, and stack traces. Limited User Behavior Data: Actions taken within the app leading up to an error or crash (this might include screen taps, navigation, partially visible text input). Custom Metadata: JustADrink may choose to send additional information to Bugsee for debugging purposes. Important Notes: Sensitive Data: Bugsee is configured to avoid collecting highly sensitive information like passwords, credit card numbers, or precise location data IF you don't explicitly send it. Data Retention: Bugsee retains data according to our instructions and data retention policies outlined elsewhere in this Privacy Policy. Data Sharing: Bugsee may share collected information with its service providers to assist in error analysis. Opting Out: While opting out of Bugsee may hinder our ability to quickly address technical issues, you may indicate your preference by contacting us at Info@JustADrink.com. Bugsee's Privacy Practices: For further details on Bugsee's data handling, please refer to their privacy policy: https://bugsee.com/privacy/ 12B. Use of Sentry for Error and Performance Monitoring Purpose: JustADrink employs Sentry, a software tool, to proactively monitor app health, identify errors, and optimize the overall user experience. Data Collected by Sentry: Sentry may collect the following information to aid in debugging and performance analysis: Technical Data: Device information, operating system, app version, error logs, stack traces, network requests, and performance metrics (e.g., page load times). Breadcrumbs: Events leading up to an error or a performance issue, such as user interactions, navigation paths, and API calls. Custom Data: JustADrink may opt to send additional context-specific information to Sentry for enhanced debugging. Important Notes: Sensitive Data: Sentry is configured to minimize the collection of sensitive personal information like passwords, financial data, or precise location, unless explicitly provided by JustADrink. Data Retention: Sentry adheres to our data retention policies, as outlined in other sections of this Privacy Policy. Data Sharing: Sentry may share collected data with its service providers for processing and technical support. Opting Out: While opting out of Sentry may limit our ability to address technical issues or optimize performance, you may indicate your preference by contacting us at Support@JustADrink.com. Sentry's Privacy Practices: For further details on Sentry's data practices, please refer to their privacy policy: https://sentry.io/privacy/ 12C. Use of Twilio for Communication Features Purpose: JustADrink utilizes Twilio, a cloud communications platform, to power certain features within the app, such as SMS notifications. Data Processed by Twilio: To facilitate these communication features, Twilio may process the following types of information: Phone Numbers: Phone numbers of both the sender and recipient. Message Content: The text content of SMS messages or transcripts of voice calls, if those features are applicable. Metadata: Technical information such as timestamps, delivery status, and potentially IP addresses. Important Notes: Sensitive Data: JustADrink aims to limit the transmission of highly sensitive personal data through Twilio services. However, users should be aware that the content of their communications might be processed by Twilio. Data Retention: Twilio adheres to our data retention policies outlined in other sections of this Privacy Policy. However, specific retention periods may vary depending on the type of communication service. Data Sharing: Twilio may share processed data with its service providers to facilitate reliable communication features. Security: Twilio implements robust security measures to protect user data. For details, please refer to their security practices: https://www.twilio.com/en-us/legal/security-overview Twilio's Privacy Practices: For comprehensive information on Twilio's data handling, please refer to their privacy policy: https://www.twilio.com/en-us/legal/privacy
13. LIMITATION OF LIABILITY
JustADrink’s liability is limited to the maximum extent allowed by applicable law. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JustADrink, ITS AFFILIATES, EMPLOYEES, LICENSORS, 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 SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF JustADrink HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JustADrink’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO JustADrink 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 JustADrink, 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.
Section 14: DISPUTE RESOLUTION SECTION
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law. 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. JustADrink 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 . 14a. INFORMAL DISPUTE RESOLUTION PROCESS If you are dissatisfied with our Services for any reason, please contact JustADrink Customer Service first 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 JustADrink, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “JustADrink” shall include our affiliates, employees, licensors, and service providers. JustADrink values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to JustADrink Legal, P.O. Box 25458, Dallas, Texas 75225, USA. If JustADrink has a Dispute with you, JustADrink 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, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables JustADrink to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; 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. JustADrink’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 JustADrink agree to negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if JustADrink requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss JustADrink’s Dispute with you, JustADrink agrees to have one 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 an extension of this informal dispute resolution time period, you or JustADrink 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 do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and JustADrink 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. 14b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND JustADrink 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 JustADrink 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 JUSTADRINK. 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 JustADrink 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. 14c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT Any dispute, claim, or controversy between you and JustADrink (that is not resolved informally by JustADrink 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 Services, 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 JustADrink may elect to have an individual claim heard in small claims court. 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 over 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 that is made after an arbitrator has been appointed. If you or JustADrink 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 JustADrink’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. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against JustADrink (except for small claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. 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. 14d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS 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 JustADrink 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 commercial@namadr.com. 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 apply to any Arbitrations initiated under this Dispute Resolution Section: 1. Commencing an Arbitration – To initiate an arbitration, you or JustADrink 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 JustADrink at JustADrink Legal, P.O. Box 25458, Dallas, Texas 75225, USA, within 10 days of delivery of the Demand for Arbitration to NAM. If JustADrink 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. Upon a showing to JustADrink of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. JustADrink is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If JustADrink initiates an arbitration against you, we shall pay all fees. 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 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). 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 except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal. 7. Arbitration Hearing – You and JustADrink are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The 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, unless a Party requests an oral hearing within 10 days after the Respondent files a response. 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 Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party. 8. Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing 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 JustADrink 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 involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules 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 – The Respondent 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 JustADrink 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 JustADrink 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 JustADrink 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 JustADrink 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 JustADrink 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 JustADrink 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 JustADrink 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. 14e. FUTURE CHANGES AND RETROACTIVE APPLICATION This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or JustADrink prior to the time of your consent to this Agreement and to any claims that accrue against you or JustADrink 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 JustADrink 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, to the following email address: OptOut@JustADrink.co. Please do not direct any customer support inquiries OptOut@JustADrink.co, as they will not be addressed; such inquiries should be directed to customer support at hello@JustADrink.co. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and 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 JustADrink after your consent to this Agreement in accordance with this Dispute Resolution Section.
15. GOVERNING LAW
Texas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law). To the fullest extent allowable by law, the laws of Texas, U.S.A., without regard to its conflict of laws rules, shall 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 Texas 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.
16. VENUE/FORUM SELECTION
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Dallas County, Texas (except for claims filed in small claims court, or for users residing in the EU, EEA, UK or Switzerland or another jurisdiction where prohibited by law). 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 JustADrink 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 Dallas County, Texas, U.S.A. You and JustADrink consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
17. INDEMNITY BY YOU
You agree to indemnify JustADrink if a claim is made against JustADrink due to your actions. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless JustADrink, our affiliates, and their and our respective officers, directors, agents, and employees 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 Services, your Content, your conduct toward other users, or your breach of this Agreement.
18. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement. By using our Services, 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, Member Principles, and Safety Dating Advice, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services. 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.
19. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations. These Terms, with the Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, and any Additional Terms Upon Purchase, contain the entire agreement between you and JustADrink regarding the use of our Services. 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 JustADrink account is non-transferable and all of 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 as a result of these Terms, and you may not make any representations on behalf of or bind JustADrink in any manner.
20. SPECIAL STATE TERMS
Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and 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 JustADrink Legal, P.O. Box 25472, Dallas, Texas 75225, USA, subscribers may place their subscription on hold for up to one year; How your information is used and how you may access your information is set forth in our Privacy Policy; Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to JustADrink Legal, P.O. Box 12345, Los Angeles, California 54321, USA, and we will work with you to provide alternative services or a refund. 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. 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.
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