The GiftedConnect Services (collectively known as “The Services”) consist of the following, without limitation: a Service for highly sensitive and gifted individuals seeking friendships (the “Friendship Service”), romantic relationships, (the “Dating Service”), business relationships (the “Networking Service”), and to connect with other parents of highly sensitive and gifted individuals (the “Parent Service”), a content Service such as GiftedConnect Learning, containing articles about and related to high sensitivity and hi IQ, and any additional services currently offered or which will be offered in the future by or on behalf of GiftedConnect. GiftedConnect may offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. GiftedConnect also reserves the right to cease offering any of the Services.
This Agreement is subject to change by GiftedConnect in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- 1. Eligibility
- 2. Use of the Services
- 3. Proprietary Rights
- 4. User Information
- 5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors
- 6. Disclaimer of Warranty and Conditions
- 7. Limitation of Liability
- 8. Indemnification
- 9. Complaints / Law Enforcement Contact
- 10. Communication and Privacy
- 11. Term and Termination
- 12. Cancellations
- 13. **RENEWALS**
- 14. Governing Law & Venue
- 15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
- 16. General Provisions
- 17. Digital Millennium Copyright Act Notice
- 18. Revision Date
FOR PREMIUM MEMBERSHIP SUBSCRIBERS RESIDING IN ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, ILLINOIS, IOWA, MINNESOTA, NEW YORK, NORTH CAROLINA, OHIO, RHODE ISLAND AND WISCONSIN,YOU, THE BUYER, MAY CANCEL THE AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS AGREEMENT, YOU CAN EMAIL ADMIN@GIFTEDCONNECT.COM OR MAIL A SIGNED AND DATED NOTICE, OR TELEGRAM, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT TO INNER LIGHT DESIGN, INC., ATTN: CANCELLATIONS, 3080 29TH STREET, UNIT 14, BOULDER, COLORADRO 80301. PLEASE INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR EHARMONY ACCOUNT IN THIS NOTICE.
a. Minimum Age. You must be at least 18 years old to register for The Services. By using the The Services, you represent and warrant that you are at least 18 years old.
b. Marital Status. By registering to use or using the Dating Service, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not register to use or use the Dating Service.
c. Criminal History. By requesting to use, registering to use, and/or using The Services, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. GIFTEDCONNECT DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, GiftedConnect reserves the right to conduct any criminal background checks, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
d. Meeting Matching System Criteria. You may be notified of “Matches” in your are. Matches are formed by combining what a user is “Open to” with what other users are “Interested in.” You may be emailed when matches are found.
2. Use of the Services.
As a user of any of the Services (a “Registered User”), you agree to the following:
a. Basic Membership. It is free to register for The Services, which may be used by you at no cost (“Basic Membership”). Once you have registered by providing preliminary information (including email address and password), you will be asked to complete your profile and upload a profile photo in order to be able to view others’ profiles. As a Basic member, you may send an unlimited number of predefined communications (for example, a smile) to your matches subject to the terms of this Agreement; however, you will only have a limited ability to send and read personalized messages. Please note that we may limit the number of predefined communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement.
b. Premium Membership. The Services includes a membership option that offers features not available under a Basic Membership, for which you will need to purchase a subscription (“Premium Membership”). As a Premium member, you will be able to:
- Send and receive email messages through the site.
- Send “Smiles” to other members as a way of initiating communication.
- Contact and initiate communication with matches (including video chat)
- Conduct searches for matches based on specific criteria and respond to matches’ communications without restriction (including video chat).
Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. eharmony will also provide each Premium member his or her personality profiles as a PDF file by email.
c. Subscription. To become a Premium member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. GiftedConnect currently offers 1, 6, 12, and 24-month Premium Memberships which automatically renew for consecutive 12 month terms (or other term lengths, as agreed-upon by you during the purchase process) unless prohibited by applicable law. Cancellation of auto-renewal must be initiated at least 24 hours before the end of your current term. When purchasing a Premium Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account number). You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a “network token” (a unique personal identifier used only for billing purposes) to facilitate your payments. For more information about tokenization, please see our payment processor’s explanation on its website. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable), any applicable taxes on your purchase, and/or any additional fees for the use of any payment mechanism or account connected to your GiftedConnect subscription, including any processing charges relating to your subscriptions. If a scheduled payment using the billing account or credit or debit card associated with your subscription is attempted and declined for any reason, our payment processor will automatically reschedule the payment until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account, and we may suspend or terminate your subscription until any outstanding payments are successfully processed. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not necessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and that we will update this information in your account and use such information to process future payments. By subscribing, you authorize us and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You may select to purchase a plan in one upfront payment or in installments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject, which is subject to change and may vary by your place of residence at the time of subscription. Installment plans may be subject to additional terms and conditions, which will be consented to at the time of purchase.
For subscribers of the Australian Service: All subscription fees and other payments which are directly collected by GiftedConnect for our Australian Service are processed by our Australian subsidiary, GiftedConnect Australia Pty Ltd (ABN…).
d. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that GiftedConnect is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.
e. Geographic Limitations. The Services are intended for use in the United States, Australia, and Canada. However, please note that eharmony also provides the ability to register for the Services in certain other countries, and you may search for and receive matches from members located in such countries. GiftedConnect reserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services 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 Services, 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 Services are prohibited, and that you are not located in a country that is subject to embargo by the United States government. Registration for, and use of, the Services is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction
g. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the The Services. In addition, you agree to review and follow the recommendations set forth in GiftedConnect’s Safety Tips, which is available at the bottom of all pages of the the website.
h. No Guarantees. GiftedConnect may not be able to provide matches for everyone seeking to use its Services. Further, GiftedConnect makes no guarantees as to the number or frequency of matches through the The Services, or to such matches’ ability, desire or criteria to communicate with any user. You understand that GiftedConnect makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the The Services or as to the conduct of such individuals.
i. Reporting of Violations. You will promptly report to GiftedConnect any violation of the Agreement by others, including but not limited to, Registered Users.
j. Content Removal. GiftedConnect reserves the right, but has no obligation, to monitor the information or material you submit to The Services or post in the public areas of The Services. GiftedConnect will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third-party. GiftedConnect further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on The Services.
k. Posting and Communication Restrictions. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
iii. is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
iv. infringes the intellectual property right of GiftedConnect or any third-party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
v. contains video, audio photographs, or images of another person;
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of The Services;
viii. contains viruses, ransomware, spyware, adware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of The Services;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Services;
xv. uses The Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
l. No False Information. You will not provide inaccurate, misleading or false information to GiftedConnect or to any other user. If information provided to GiftedConnect or another user subsequently becomes inaccurate, misleading or false, you will promptly notify GiftedConnect of such change.
m. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through The Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from The Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through The Services, you acknowledge that you will have caused substantial harm to GiftedConnect. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay GiftedConnect $50 USD for each such unsolicited communication you send through the Services.
n. Unique and Bona Fide Profile. As a Registered User of the The Services, you will create only one unique profile. In addition, your use of the The Services must be for bona fide relationship-seeking purposes in order to maintain the integrity of the The Services (for example, you may not become a Registered User solely to compile a report of individuals in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, GiftedConnect may create test profiles in order to monitor the operation of the Services.
o. No Harassment of GiftedConnect Employees or Agents. You will not harass, annoy, intimidate or threaten any GiftedConnect employees or agents engaged in providing any portion of The Services to you.
p. Social Media. We do not offer connection with Social Media websites.
q. Reverse Engineering and Non-Interference. In addition to any GiftedConnect information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of GiftedConnect and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to GiftedConnect or its affiliates; and (iii) all Service plans of eharmony or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that GiftedConnect takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third-party in engaging in any activity, or attempt in any way, or assist any third-party in attempting in any way, to: (v) discover or use any trade secrets of GiftedConnect without GiftedConnect’s prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
r. Linking, crawling and framing. You agree not to, and warrant and represent that you will not assist any third-party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by GiftedConnect.
3. Proprietary Rights.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that GiftedConnect is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, “Confidential Information”). GiftedConnect owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Users’ Information. Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any GiftedConnect or third-party proprietary information available via the Services.
d. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to GiftedConnect and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information.
b. No Contact Information. You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the The Services that will be made available to other Registered Members. You may, at your discretion, exchange such information when you reach the direct communication phase with your matches.
5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors.
6. Disclaimer of Warranties and Conditions.
a. No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. GIFTEDCONNECT PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GIFTEDCONNECT DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. GIFTEDCONNECT DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by GiftedConnect, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. GIFTEDCONNECT DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GIFTEDCONNECT. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL GIFTEDCONNECT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
c. Beta Features. From time to time, GiftedConnect may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at eharmony’s sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.
7. Limitation of Liability.
a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIFTEDCONNECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL 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 GIFTEDCONNECT KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GIFTEDCONNECT’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES , EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID GIFTEDCONNECT FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.
b. No Liability for non-GiftedConnect Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIFTEDCONNECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, 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, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. GiftedConnect may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that eharmony will have no liability to you arising from any incorrectly verified information.
a. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless GiftedConnect and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by GiftedConnect. GiftedConnect reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GiftedConnect in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the GiftedConnect Services, or email us by clicking here.
10. Communication and Privacy
11. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.
Either you or GiftedConnect may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. GiftedConnect reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees paid to GiftedConnect by you are nonrefundable and that any outstanding fees (e.g., remaining installments) will become due and payable immediately. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: Inner Light Design, Inc., Attn: Cancellations, 3080 29th Street, Unit 14 Boulder, Colorado USA. Following any termination of your Services account due to a violation of our Agreement, GiftedConnect may, at our discretion or as required by law, send a notice thereof to other Registered Users with whom you have corresponded for the protection of our members.
12. Cancellations & Account Holds.
a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by: accessing Data & Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your account, credit card, or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.
Section 12(c) and 12(d) only apply to subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin.
c. 3-Day Cancellation. REGARDING THE PREMIUM MEMBERSHIP, YOU, THE BUYER, MAY CANCEL THE AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS AGREEMENT, YOU CAN EMAIL SUBSCRIPTIONS@GIFTEDCONNECT.COM OR MAIL A SIGNED AND DATED NOTICE, OR TELEGRAM, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT TO INNER LIGHT DESIGN, INC., ATTN: CANCELLATIONS, 3080 29TH STREET, UNIT 14, BOULDER, CO, 80301 USA. PLEASE INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR EHARMONY ACCOUNT IN THIS NOTICE.
You may also communicate your desire to cancel your subscription by live chat with Customer Care. Please note, however, that live chat may not be available to all users and, due to Customer Care agents’ hours, will not be available at all times. For a Premium Membership, the day that you successfully purchased a subscription will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after GiftedConnect’s receipt of your written cancellation notice.
Please note that GiftedConnect cannot directly process refunds for purchases made through Apple via the iOS application. Please contact Apple regarding cancellation requests for subscriptions purchased through the iOS application.
d. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the full Premium Membership for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
i. If you have prepaid any amount for a Premium Membership, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
ii. “Disability” means a condition which precludes you from physically using the Premium Membership during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to GiftedConnect.
iii. If the physician determines that the duration of the disability will be less than six (6) months, GiftedConnect may extend the term of the Premium Membership contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
Section 12(e) only applies to subscribers residing in New York.
e. Account Holds and Other New York-specific terms:
i. GiftedConnect does not guarantee a certain number of matches will be delivered to you as part of a Premium Membership. You will receive all your available matches upon successful registration and completion of the Compatibility Quiz, and GiftedConnect will continue to add additional matches as they become available during the term of your subscription.
ii. You may pause your Premium Membership for up to one (1) year by providing written notice to Inner Light Design, Inc., 3080 29th Street, Unit 14, Boulder, CO, 80301 USA or emailing email@example.com.
iii. You can review the New York Dating Services Consumer Bill of Rights here.
IN ORDER TO PROVIDE CONTINUOUS SERVICE, GIFTEDCONNECT AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION UPON CONFIRMATION OF PURCHASE, AND AS OTHERWISE REQUIRED IN YOUR JURISDICTION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER TAXES (“RENEWAL FEES”) YOU FURTHER ACKNOWLEDGE THAT THE RENEWAL FEES ARE SUBJECT TO CHANGE AND MAY VARY BY YOUR PLACE OF RESIDENCE AT THE TIME OF SUBSCRIPTION. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER “CANCELLATIONS AND ACCOUNT HOLDS” SECTION ABOVE.
14. Governing Law & Venue
Unless prohibited by local law, this Agreement is governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in Boulder, CO to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Colorado law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
a. Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and eharmony. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and GiftedConnect shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “GiftedConnect” means Inner Light Design, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and eharmony regarding any aspect of your relationship with eharmony, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND GIFTEDCONNECT EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b. Pre-Arbitration Dispute Resolution: For all Disputes you must first give GiftedConnect an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Inner Light Design, Inc. 3080 29th Street, Unit 14, Boulder, CO 80301 USA. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If GiftedConnect does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
c. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or GiftedConnect may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because your contract with GiftedConnect, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e. Location of Arbitration: You may initiate arbitration in Boulder, CO, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
f. Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), GiftedConnect will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with GiftedConnect as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from GiftedConnect your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
g. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and GiftedConnect specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of GiftedConnect and/or user of GiftedConnect services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
h. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and GiftedConnect are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and GiftedConnect might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
j. Continuation: This Arbitration Agreement shall survive the termination of your contract with GiftedConnect and your use of GiftedConnect Services.
16. General Provisions
a. Right to Seek Injunction. Violation of this Agreement may cause GiftedConnect irreparable harm, and therefore agree that GiftedConnect 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 GiftedConnect may have for a breach of this Agreement.
17. Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify GiftedConnect’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit GiftedConnect to contact you, such as your address, telephone number, and email address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
Inner Light Design, Inc.
3080 29th Street, Unit 14, Boulder, CO 80301 USA
firstname.lastname@example.org (only copyright-related notices will be accepted at this email address. All other inquiries or requests will be discarded.)
18. Revision Date
This Agreement was last revised on June 1, 2022.
Copyright © 2022 Inner Light Design, Inc. All Rights Reserved. GiftedConnect and other marks, colors, and images are registered and common law trademarks of Inner Light Design, Inc. Other trademarks and brands are the property of their respective owners.