Effective Date: 03/31/20
Otherwise Stated: This Agreement is between You and W8Tech and is required before You can use the site. English is the official language of this Agreement.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE WEBSITE OR THE SERVICE.
Otherwise Stated: These are our terms and if You use our Services, You are bound by them. Please read this Agreement.
Please review this Agreement carefully, including the Acceptable Website Use provision, which PROHIBITS ANY UNLAWFUL USE OF THE SITE, INCLUDING ESCORTING, PROSTITUTION AND HUMAN TRAFFICKING, and Arbitration provision, which describes how Disputes (defined below) will be resolved between us, and that no class actions may be brought under this Agreement. In order to proceed with this Agreement and to access the Services of the Website, You must acknowledge and agree to be bound by the terms of this Agreement, including the acceptable use limitations and Arbitration provision described herein.
Otherwise Stated: If You use our Services, You must do so lawfully and are bound to arbitration any disputes between us. You cannot bring a class action lawsuit. You cannot access our Services without agreeing to these terms.
This Agreement is an electronic contract that sets out the legally binding terms You must accept to use the Website and to become a “Member.” For purposes of this Agreement, the term “Member” or “Membership” means a person who provides information to the Company on the Website to participate in the Service in any manner, whether such person uses the Service as a free Member or a subscriber. This Agreement may be modified by W8Tech in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website or the Services after the posting of modifications to this Agreement will constitute Your acceptance of such revisions.
Otherwise Stated: This is a contract between You and W8Tech. We can modify these terms at any time. If You continue to use the Services after we post the modifications, You have accepted the new terms.
You must be at least eighteen years old to register as a Member or use the Website. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If You become a Member, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender or with any reciprocal designation with any government entity. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, You represent that You have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in Your jurisdiction.
Otherwise Stated: You must be 18 years old to use Website. As a Member, You are telling us that You have never been convicted of a felony and that You are not required to register as a sex offender or any similar designation with any governmental agency. You will only use the Service as per these terms and all applicable local, state, national and international laws and regulations. You cannot use the Service if it isn’t legal where You are located. You are responsible for determining whether You can legally use the Service.
This Agreement will remain in full force and effect while You use the Website and/or are a Member. You may terminate Your Membership at any time, for any reason by following the instructions on the Deactivate Account section in Account Settings, or upon receipt by W8Tech of Your written or email notice of termination. W8Tech may terminate Your Membership for any reason, with or without notice. If W8Tech terminates Your Membership, You will not be entitled to any refund of unused subscription fees or unused credits. If Your Membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except any terms that by their nature expire or are fully satisfied.
Otherwise Stated: If You continue to use the Service, these terms are still applicable. You can terminate Your Membership whenever You want. We can terminate Your Membership at any time and for any reason. We won’t issue a refund if we think You failed to abide by these terms. These terms are still applicable after termination of Your Membership.
The Website and the Service is for personal use only. Any other use, including use by competitors and the media, is considered Commercial Use by Commercial Users. For example, Members may not use the Service in connection with any commercial endeavors such as: (i) advertising or soliciting any User to buy or sell any products or services not offered by the Company, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) press or media purposes of any kind; all media inquiries should be directed to [email protected], (iv) seeking leads or customer information, even if ultimately requested or received off the site, or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Users of the Website may not use any information obtained from the Service to contact, advertise, solicit, or sell to any other User without his or her prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including referring activities the Company deems suspicious to governmental authorities.
Otherwise Stated: You can’t use the Service for business or media purposes. Illegal and/or unauthorized use of the Website or Service will be investigated, and we will take legal action. We may refer activities we deem suspicious to governmental authorities.
Your Membership account is for Your personal use only. You are responsible for maintaining the confidentiality of the username and password You designate during the registration process, and You are solely responsible for all activities that occur under Your username and password, including distribution of Your personal information to other users. You acknowledge that W8Tech is not responsible for third-party access to Your account information or personal information that results from voluntary distribution or theft or misappropriation of Your username or password or personal information.
Otherwise Stated: Keep Your username and password and personal information confidential. You are responsible for anything that occurs on the Website under Your username and password, including providing personal information to others.
W8Tech IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. YOU ASSUME ALL RISK WHEN USING THE SERVICE, INCLUDING BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER MEMBERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER MEMBER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE SERVICE. You should not provide Your financial information (for example, Your credit card or bank account information), or wire or otherwise send money, to other Members.
W8Tech DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, W8Tech reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
Members may have the option to pay a third party to perform a self-background screening based on information the Member provides the third party. Members who pass such a self-background screening may have a “Background Verified” mark displayed on their profile. You understand W8Tech makes no guarantees, express or implied, regarding the accuracy or reliability of the third party self-background screening or “Background Verified” mark and in no event will W8Tech be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the self-background screening or “Background Verified” mark.
You understand that W8Tech makes no guarantees, either express or implied, regarding Your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
Otherwise Stated: We aren’t responsible for our users conduct online or offline. We don’t do criminal background checks on Members currently, but we may at any point, and by agreeing to these terms, You agree we can do such a check. You can pay for a self-background screening, but we make no guarantees about the reliability of the “Background Verified” mark as it relates to You or other users/Members. You assume all the risk when using the Service. Please take appropriate precautions.
W8 Tech Limited (“W8”), Clover8 Investments Pte Ltd. (“Clover8”), and/or W8Tech, own and retain all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of W8, Clover8, and W8Tech. Except for that information that is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
Otherwise Stated: We own the Website and the Service, which includes all the content, trademarks, trade names, service marks, and other intellectual property. Don’t copy or alter our stuff without our written permission.
You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “Post” or “Posting”) on the Website or as part of the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not Post on the Website or as part of the Service, or transmit to Website or any other Member (either on or off the Website), any material or engage in conduct on or through the site: (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful, or (iv) use of multiple accounts for one user. You represent and warrant that all information that You submit upon registration is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading or false.
Otherwise Stated: You are responsible for what You do on our Website and how You use our Service. Don’t post or transmit any material that violates laws or regulations. Don’t post or transmit any material or in a manner that will infringe on ours or others copyright, trademark and other intellectual property rights. Don’t be a jerk and don’t threaten or offend others.
W8Tech reserves the right, but has no obligation, to monitor any Content You post on the Website or as part of the Service. W8Tech may remove any Content that, in its sole opinion, violates, or may violate, any applicable law, the letter or spirit of this Agreement, or upon the request of any third party and any Member that posts such Content.
Otherwise Stated: We don’t have to, but we may, monitor content posted on the Website. We also may remove any content that we think may violate the law or this Agreement or upon request by others and may remover the Member posting such content as well.
By Posting Content on the Website or as part of the Service, You automatically grant to W8Tech an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to: (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
Otherwise Stated: Once You post something, we may use in in accordance with the terms of this Agreement.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
Otherwise Stated: Don’t do things to or on the Website that You aren’t authorized to do.
The Website may be used only for lawful purposes by individuals seeking relationships. As one of the conditions of Your use of the Website and the Service, You represent, warrant, and agree that You will not use (or plan, encourage, or help others to use) the Website or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law (including but not limited to any applicable export controls). It is Your responsibility to ensure that Your use of the Website and the Service complies with this Agreement and to seek prior written consent from the site for any uses not permitted or not expressly specified herein. W8Tech specifically prohibits any use of the Website or the Service, and You hereby agree not to use the Website or the Service, for any of the following:
Otherwise Stated: You may only use the Website as it is intended. No escorts or prostitutes. No human trafficking of any kind. Report any minors using the Website. Don’t seek minors and don’t use the site if you are a minor. Don’t use the Website for unlawful purposes. If You use the Website in a way that is not authorized or is illegal, we will take legal action against You and/or refer You to the proper law enforcement authorities.
Commercial Use and Competitive Violations and Liquidated Damages. Commercial Users act in violation of the terms of this Agreement and acknowledge that they are not actual users of the Website as it is intended. Each and every Commercial Use or competitive use of the Website is in violation of this Agreement and is subject to a $100,000 award for damages as liquidated damages for such breach. You acknowledge that any Commercial Use of the Website or Service will cause harm in an amount that would be extremely difficult to ascertain and that $100,000 for each and every commercial or competitor violation is a reasonable estimate of such harm.
Otherwise Stated: The Website is for personal use only. Every use of the Website for commercial or competitive reasons will result in $100,000 award for damages.
You will not harass, annoy, intimidate, or threaten any W8Tech employees or agents engaged in providing any portion of the Service to You. If we feel that Your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate Your Membership and You will not be entitled to any refund of unused subscription fees.
Otherwise Stated: Don’t harass our employees. We will terminate Your Membership if You are threatening or offensive to our employees and You won’t get a refund.
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. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact our Copyright Agent at [email protected] or the following address: FirstDate, Attn: Copyright Agent, Nikola Ioannou 1, Flat/Office 002, 2236 Latsia, Nicosia, Cyprus, and provide the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that You claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the Website; information reasonably sufficient to permit W8Tech to contact You, such as Your address, telephone number, and email address; 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, made under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner’s behalf. Only copyright notices will be accepted at the above email address. All other inquiries or requests will be discarded.
Otherwise Stated: Don’t use or post copyrighted, trademarked, or proprietary material unless You have written permission from the owner of such material. If You think someone on the Website has violated Your copyright, trademark, or proprietary rights, let us know.
You must provide current, complete, and accurate information for Your Billing Account. You must promptly update all information to keep Your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and You must promptly notify Website if Your payment method is canceled (including if You lose Your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of Your username or password). Changes to such information can be made at “Account Settings” on the Website. If You fail to provide us any of the foregoing information, You agree that You are responsible for fees accrued under Your Billing Account. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.
You agree that all payments made on the Website are final, and You will not challenge or dispute the charge with Your bank. You further agree that should You have any issues relating to Your payment (such as duplicate billing), You will open a support ticket through the Website to resolve the issue. Should a dispute be initiated with Your bank, You agree that You will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank, which may be as much as US$60. You agree that You will pay any outstanding balance You have with Website within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and You agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that You owe.
In order to provide continuous service, Website provides for automatic renewal. Whether it exercises the right or not, Website has the right to automatically renew Your Membership from month to month. UNTIL TERMINATED, Website MAY AUTOMATICALLY RENEW ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE. After Your initial subscription commitment period, and again after any subsequent subscription period, Your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, You acknowledge that Your account will be subject to the above-described automatic renewals. If You do not wish Your account to renew automatically, or if You want to change or terminate Your subscription, please log in and go to “Account Settings” on the Website and follow the directions contained therein.
WEBSITE MAINTAINS A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE WEBSITE ARE FINAL. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION PACKAGE ON THE WEBSITE, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED OR REMAINING SUBSCRIPTION OR CREDITS.
When You deactivate Your Website account or if Your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused Membership subscription and credits. Further, if Your deactivated Website account is reinstated at a later date, You agree that any remaining or unused Membership subscription and credits You have remaining at the time of Your account deactivation will not be reinstated with Your account.
Credits or a subscription purchased for a specific Website account is strictly non-transferable. You agree that any remaining or unused Membership subscription associated with an active or deactivated Website account will not be transferred to any other account belonging to You or someone else.
W8Tech reserves the right to offer free Membership to any person(s) of its choice at any given time, for any duration, while charging other Members, at the same time. W8Tech also reserves the right to cancel the free trial period at any time, for all or any of its Members. A Member profile (both subscribers and a free Membership) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, You may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.
Otherwise Stated: You need to give us accurate information for Your billing account and You need to keep the information updated. All payments made are final—no refunds—even if You or we terminate Your account early. Credits or subscriptions can’t be transferred to any other account. If You think there has been an error in billing, You must contact us immediately. Your account may be automatically renewed. We can grant free Memberships to whomever and whenever we want, and we can cancel any free trial periods when we want.
W8Tech does not guarantee that the Website will be fully operational all the time. Members may face significant service disturbances. Only in the event that the Website is offline for a period of more than 72 consecutive hours will a pro-rated refund be given. W8Tech DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice to any Member, group of Members or all Members. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time, in its sole discretion, to block users related to certain IP addresses from accessing the Website or Service.
Otherwise Stated: We can’t guarantee that the Website will be operational all the time. We will provide Members with a pro-rated refund only if the website is offline more than 72 hours consecutively. We don’t offer technical support. We can modify or discontinue any part of the Website or the Website as a whole at any time without giving You notice and we are not liable as a result. We can block users at any time from accessing the Website or Service.
The Website may contain, and the Service may provide, links to sites that are not maintained by Website. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at Your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that W8Tech/Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
Otherwise Stated: There may be links on the Website that we don’t maintain. We aren’t responsible for the content on those sites. Just because a link is on our Website, it doesn’t meant we are endorsing the linked site. Your interaction with the linked site is at Your own risk. We aren’t liable for any damage or loss You may incur by engaging with the linked site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL W8Tech BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF W8Tech KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL W8Tech’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID W8Tech FOR THE USE OF ANY SERVICE, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL W8Tech BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
To the fullest extent permitted by applicable law, You release the Company from responsibility, liability, claims, demands, or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
Otherwise Stated: We have built our Service for You, but we can’t promise it is perfect. We are not liable for various things and You release us from responsibility and liability for those things.
Arbitration is the submission of a dispute to an unbiased third party designated by the parties to the controversy, who agree in advance to comply with the ruling, decisions, award or judgment after a hearing at which all parties to the controversy have an opportunity to be heard. YOU AND W8Tech AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute (defined below), and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
YOU AND W8Tech ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither You nor W8Tech agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
W8Tech may bring actions on its Members’ behalf where its rights may be implicated.
If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by a third-party arbitrator not affiliated with W8Tech, in accordance with commercial arbitration rules, and if deemed appropriate by the arbitrator, any supplementary procedures for consumer disputes.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against W8Tech/Website (except for small-claims court actions) may be commenced only in the federal or state courts located in Clark County, Nevada. You hereby irrevocably consent to the jurisdiction of and venue in those courts for such purposes.
This Agreement, and any Dispute between You and W8Tech, excepting E.U.-U.S. and Swiss-U.S. privacy disputes as noted above, shall be governed by the laws of the state of Nevada without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
If You access the Website or use the Service from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Website or Service, unless You are an E.U. or Swiss citizen, in which case Your rights are governed by the U.S. Privacy Shield Program to which Website parent company has self-certified. Regardless of whether You access the Website or use the Service from outside the United States, all Disputes shall be resolved in the United States as described above.
You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted the terms of this Section by emailing [email protected] In order to be effective, the opt-out notice must include Your full name and clearly indicate Your intent to opt out of binding arbitration. By opting out of binding arbitration, You are agreeing to resolve Disputes in accordance with the choice or law, forum and venue provisions herein.
This section providing for arbitration of claims does not apply to Commercial Use and competitor violations as described above.
Any claim under this Agreement, whether arbitrated or not, are governed by Nevada law and may be brought only in the state or federal courts in Nevada.
Otherwise Stated: If You decide You want to sue us for any reason, You will have to bring Your claim in Arbitration, not a court, unless You opt-out of binding arbitration in the required time-frame. There is a time limit of when You can bring Your claim. We are based in Nevada and You will be governed by and have to bring Your claim in Nevada.
E.U., Swiss, and EEA Users/Members are allowed certain exceptions to the above terms.
You agree to defend, indemnify, and hold harmless W8Tech, its officers, directors, employees, agents, affiliates, and subsidiaries from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from Your use of the Website, the Service, or Your breach of the terms of this Agreement (including any breach of Your representations and warranties contained herein), any postings or Content You post on the Website or as a result of the Service, and the violation of any law or regulation by You. You, and Your estate in the case of Your death, further agree that this indemnification provision covers all third-party claims, actions or demands, including those filed by Your spouse, children, or family. W8Tech reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with W8Tech in connection therewith.
Otherwise Stated: You agree to defend us and hold us harmless for Your use of the Website and any breach by You of the agreement terms or any violations of any law or regulation by You. This indemnification covers all claims, actions, or demands made by anyone.
Violation of this Agreement may cause W8Tech irreparable harm, and You therefore agree that W8Tech will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that W8Tech may have for a breach of this Agreement.
Unless otherwise explicitly stated, this Agreement will survive termination of Your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of W8Tech to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that Your online account is non-transferable and all of Your rights to Your profile or contents within Your account terminate upon Your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and You may not make any representations or bind W8Tech in any manner.
Otherwise Stated: These are general terms to which You agree, just like You are agreeing to all the other terms in this agreement.
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
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 the services of Website) 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 at the same address as listed above.
Otherwise Stated: If You are a resident of the one of the above states, the above terms apply to You and supersede any contradictory terms that might be found otherwise in the Agreement.
If You are a consumer in the E.U. or Switzerland (European Economic Area or “EEA”), we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
If we cause damage to You and you’re a consumer in the EEA, W8Tech’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of agreement. W8Tech is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to You.
If You are a consumer in the EEA, W8Tech may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, You are entitled to terminate the agreement with immediate effect by deactivating Your account. W8Tech will provide You with reasonable notice, via the methods noted below, of any such assignment.
Otherwise Stated: If You are a user/Member in the EU, Switzerland, or EEA, the above terms apply to You and supersede any contradictory terms that might be found otherwise in the Agreement.
The Company may provide You with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if You violate this Agreement by accessing the Service in an unauthorized manner. You agree that You are deemed to have received any and all notices that would have been delivered had You accessed the Service in an authorized manner.
Otherwise Stated: If we make changes or want to notify You, we’ll let You know.
This Agreement is subject to change by the Company at any time. If You are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Website and Your use of the Service after such posting will constitute acceptance by You of the revised Agreement. If You are a subscribing Member at the time of any change, to the extent permitted by applicable law the then-existing Agreement will continue to govern Your Membership until such time that You renew Your Membership as contemplated herein. If You continue Your Membership, Your renewal will constitute acceptance by You of the revised Agreement. Alternatively, if You terminate Your subscription at such time, Your use of the Service after Your termination will constitute acceptance by You of the Agreement.
Otherwise Stated: When we revise this Agreement, depending on Your status (non-subscribing or subscribing), You may be subject to different terms (old or new) for a period of time.