Terms and Conditions

Last updated on the: 1-Nov-2023

These Terms and Conditions (together with the documents referred to in it, including our Privacy Policy) set forth a binding agreement ("Agreement") between you and Us, under which you may use this Website and associated services offered through this Website or application (together the "Services").

Please read these Terms and Conditions carefully before you start to use the Services.

By using this Website, you indicate that you accept these Terms and Conditions and our Privacy Policy and that you agree to abide by them. If you do not agree to these Terms and Conditions and our Privacy Policy, or you are under 18 years of age or under the age of majority in the country which you reside in if it happens to be greater than 18-years old, please do not use this Website. Checking the designated box and clicking on the "I Agree" button on the Sign Up page form you give us your acceptance of and agreement to these Terms & Conditions even if you do not read them. If you do not agree to these Terms & Conditions, you cannot access this Website.

There are some important provisions, which we would draw your attention to:

  • This is a flirting website for adults, it is not directed at minors, and if you are under 18 years of age or under the age of majority in the country which you reside in if it happens to be greater than 18-years old, you must not use our Website.
  • We are not responsible for anything that you do or say on our Website. We do however review all content before it is made available on the Website, this to ensure the content is legal and does not violate any laws or standards. All content is manually reviewed before it is made available on the Website. If you post something and we receive a complaint, we have the right to remove it if we believe it is in violation of any law or breaches these Terms and Conditions, or our Privacy Policy, please see clause 5,G for details about restriction of use of our service.
  • We do not get involved in disputes between you and any other user. We do get involved however if content requires to be removed. You take full responsibility and liability for all of your content, even if it breaches a third party's rights - you remain liable.
  • All paid Membership subscriptions (Premium Memberships) automatically renew for the period and price that you signed up to. You may cancel the auto-renew feature to avoid recurring charges, but you must act at least 7 days before the next renewal date to avoid renewal.
  • The Website is offering a communication service with the goal to allow the Users and Premium Members to flirt with the Profiles, against a certain Credit for each message. The Website is for communicative purposes only, and is not indented to be used for physical meetings.
  • You do understand, acknowledge, and agree that some of the initial user profiles posted on this Website may be fictitious, and will be associated with our Website Hosts, ("Hosts"). The Hosts work for the Website in an effort to stimulate conversation with Users, in order to encourage further and broader participation in all of our Website's services, including the posting of additional information and/or pictures to the Users' profiles. The Hosts, together with customer service, serve to sample User activities and communications to ensure compliance with our Terms and Conditions. You understand, acknowledge, and agree that the information, text, and pictures contained in the Hosts' profiles do not pertain to any actual person, but are included for the purposes above stated and for entertainment only. Nothing contained in any Host profile is intended to describe or resemble any real person - living or dead. Any similarity between Hosts user profile descriptions and any person is purely coincidental. Please also note that a single Host may be associated with more than one (1) user profile on our Website.
  • You further understand, acknowledge, and agree that, from time-to-time, Hosts may contact Users via both computer-generated Instant Messages or emails for purposes of encouraging further or broader participation in our Website's services and/or to monitor User activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from Hosts will contain the uniform designation "Host" to notify the user that a message has been received from a Site Host. In the event the User responds to a Host message via email, the User may receive one or more additional personal or form responses from the Host. You understand, acknowledge, and agree that no physical meeting will ever take place between you and our Hosts, and that the exchange of messages between you and our Hosts is for entertainment purposes, as well as to encourage further or broader participation in our Website's services and/or to monitor User activities. Notwithstanding the above, the User is not guaranteed a response to any message sent to a Host (or another User). "
Any user or Member that violates our Terms and Conditions or we believe was created fictitiously to participate in prohibited activities may, at our sole discretion, be deleted.

    “Content” is all information present on the www.thatlocalchatter.com in the form of (but not limited to) text, images, graphical elements and technical codes.

    “Credit” is what the User must purchase to be able to send messages to the Profiles.

    “Premium Membership” shall mean the exclusive service of www.thatlocalchatter.com that provides the User with access to the photo gallery of Profiles and accessibility to see Profiles that have visited the User’s profile.

    “Profile” shall mean a profile displayed on www.thatlocalchatter.com that contains a photo, username and account information of a certain person.

    “Service” shall mean the services provided by www.thatlocalchatter.com which the User has access to with a valid username and password, and therefore all features that the Website provides, including but not limited to its messaging service.

    “User” shall mean a person with a valid username and password for this Website.

    “Website” is www.thatlocalchatter.com operated and managed by EMA Lasting Media LLC that is accessible to the User via computer or a mobile device.

    This Website is owned by and operated by EMA Lasting Media LLC. The Website is operated only as an online social service.

    You are entering into this agreement with EMA Lasting Media LLC.

    Our contact details are:

    Name: EMA Lasting Media LLC

    Address: 1920 N. Coit Rd Ste 200 #179, Richardson, TX, 75080, USA

    Phone: (855) 800-4982.

    Email for Customer services: [email protected]

      We provide online entertainment and flirting services through our Website enabling you to contact and engage in interaction with the Profiles. This is a flirting website for adults designed as a discreet and exciting place to exchange messages with other like-minded or share photos, stories, and other information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use our Website in a manner consistent with its purpose and according to these terms.

      We are continually developing our offerings to our users and we may offer additional services or revise the scope of the Services at our discretion and with or without notice to you, and these Terms and Conditions will apply to all additional or revised Services.

      The Website specifically prohibit the use of the Website to promote or facilitate prostitution or trafficking of another person in any way possible, if you do so we will terminate your account immediately and report you to the authorities.
      We also reserve the right to stop offering the Services.

      • By accessing the Website or purchasing our services, you certify to us that:
      • You have reached the age of majority where you live and that you have the legal capacity to agree to these terms;
      • You own (or have permission to use) any credit card you used to purchase our Services with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the membership you chose (which may include automatically recurring charges until cancelled);
      • You are aware of the mature nature of the materials manifested, you agree to receive them, and you are not offended by these materials;
      • You access the Website voluntarily and for your own personal enjoyment, you will not seek to obtain commercial gain, or obtain money or other benefits from other users or profiles, fraudulently or otherwise;
      • You have never been convicted of a felony and that you are not required to register as a sex offender with any government entity;
      • Your use of the Website is not prohibited or restricted by your jurisdiction;
      • You have complied and will continue to comply with the laws and regulations of the jurisdiction from which you access this Website;
      • All information that you submit when you register is accurate and truthful and that you will promptly update any information that you provide that later becomes inaccurate, misleading, or false; and
      • You will not share this Website or its contents with a minor or otherwise make them available to a minor;
      • You state that you have the right, authority, and capacity to enter into and be bound by these Terms and Conditions and that by using our Website you will not be violating any law or regulation of the country in which you reside. You are solely responsible for your compliance with all applicable local laws and regulations;
      • You further state that you have not been convicted of and are not subject to any court order relating to assault, violence, sexual misconduct, or harassment.


    Our Website is a meeting place for adults that features a rich collection of online resources, including various communication tools, chat services, match game, browse and filter Profiles. You may only use and become a registered user or member of our Website if you are 18-years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18-years old).

    You can only use this Website by signing up as a User.

      We offer you the opportunity to pay for certain services offered on the Website. These services include Credit to use as messages, for Premium Membership which give you access to photo gallery and view profiles that have visited your profile.

      You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. We reserve the right to offer free membership to any person of our choice at any given time, for any duration, while charging other members, at the same time. We also reserve the right to cancel the membership at any time, for all or any of our members.

      An User profile Maintenance Fee of up to $12.95 will be charged to your User profile in the event that you are inactive - do not sign-in - for 14 days or more, the User profile Maintenance Fee will be charged every 30 days until you sign-in to your User profile again, this in order for you to keep your User profile with all your details, even when you are not active. The Maintenance Fee is not going to be applicable to the users who have purchased Premium Membership.

      When you come active again, after having been inactive for a period and charted the Maintenance Fee as described above, you will be able to convert the latest Maintenance Fee into a 30 days complimentary use of the Premium Membership. To avail this you will need to reach out to our Customer Support via phone on (855) 800-4982 or via email on [email protected]. Please note, that you have no rights to a refund on any Maintenance Fee charged to you.

      The fee payable for the Premium Membership is set out on the payment page when you are making the payment. Please review the payment page very carefully when you make the payment.

      Please be aware that if you subscribe to the Premium Membership, you will become liable for automatic renewal billing. THIS MEANS THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL PERIOD, AND THIS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL YOUR SERVICE.

      We reserve the right to alter our subscription package at any time (in accordance with our process noted below at section 5, C and you will have the option to cancel your membership if you do not agree with the changes being offered to you.

      We operate an automatic renewal billing policy on our Premium Membership subscription.

      This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example, if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before. From time to time we enroll our loyal customers in a loyalty program where the randomly chosen customers will be granted a discounted membership price on the next payment only.

      You must provide current, complete, and accurate information for your billing account. You agree to 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 will promptly notify us if your payment method is cancelled (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 name or password). If you fail to provide us any of this information, we will hold you responsible for the 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.


      The credit packages, which allows the site users to send messages to other users, come at the following prices:
      • 5 credits package - $4.99
      • 10 credits package - $19.99
      • 25 credits package - $39.99
      • 50 credits package - $74.99
      • 100 credits package - $139.99
      • 250 credits package - $229.99

      The site users can also become Premium members, which gives additional benefits to the users, such as ability to see who visited their profile, see additional images of other users and access Favorites page. The Premium Membership plans are optional and come at the following prices:
      • Silver plan at $12.95/mo, billed monthly
      • Gold plan at $10.95/mo, billed quarterly
      • Platinum plan at $8.95/mo, billed bi-annually.

      We reserve the right to alter our prices at any time and any change in your subscription price, you will then have the option to cancel your membership if you do not agree to any of the changes.

      In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you. All disputes must be raised as soon as possible after the disputed transaction occurs.

      Premium Membership fee should be cancelled to avoid any future charges. If you cancel the Premium Membership you will be entitled to receive the full benefits of the Premium Membership until the end of the already paid Premium Membership period, after the end of such period the cancellation will result in termination of access to the Premium Membership.

      We only refund unused Credits.

      We do not provide cash refunds; our authorized billing agent refunds the requested transaction back to you.

      To request a refund, you must contact our customer service department through our support channels; email or telephone. On issuing a refund, the Website reserves the right to add you to the negative databases of our associated authorized billing agents, and to any third-party fraud prevention agents associated with our products.

      Your User profile is for your personal use only. You may not authorize others to use your User profile or attempt to use another User's profile. You must not assign or otherwise transfer your User profile to any other person or entity.

      You are solely responsible for your own actions and those of anyone using your User profile, and assume all liability regarding, (i) the information and content you or anyone using your User profile, posts on your behalf; (ii) and the information and content you or anyone using your User profile post, transmit, publish, or otherwise make available through the Services.

      If you register with us to use our Services, you warrant that you will:
      • Provide all the information required to complete the registration forms for our Services; and
      • Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your User profile and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date); and
      • You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction; and
      • Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs; and
      • If you create a User profile, you confirm you have never (i) been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
      • Only post information and content that is relevant and in compliance with the purpose of our Service (please see below under section 5, G "Restrictions on your use of the Website" for further details of the restrictions on the type of information and content you can post); and
      • Be fully responsible for all use of your User profile and for any actions that take place using your User profile whether by yourself or any other person using your User profile.

      You agree that you will not post any content on or through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:
      • impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
      • discloses any personal or confidential information of any person or organization without first obtaining their consent or solicits another person's personal information for commercial or unlawful purposes;
      • discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
      • contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
      • promotes racism, bigotry, hatred or physical harm against any group or individual;
      • promotes or enables illegal or unlawful activities;
      • is intended to harass, annoy, threaten or intimidate any other members or other people or organizations;
      • is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18 or under the age of majority in the country which you reside in if it happens to be greater than 18-years old ) or which may cause annoyance or inconvenience;
      • is in any way related to child pornography, bestiality, rape (or other non-consensual sexual behavior), mutilation of a person or body parts, any act or depiction of parties being harmed or forced (includes but is not limited to rape, drugs and alcohol), any anti or exploitive religious, gender or age specific acts (sexual exploitation);
      • is deliberately misleading or fraudulent;
      • contains others' copyrighted content (such as music, videos, photographs, images etc.) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
      • uses the Services for chain letters, junk mail or spam e-mails;
      • interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Website);
      • contains any material which may infringe or violate any third party's rights;
      • violates any applicable local, state, national or international law;
      • provides material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organization;
      • stalks or otherwise harasses another person, profile or user;

      You mustn’t:
      • upload, post, email, transmit, or otherwise disclose another person’s private information;
      • access data not intended for such user or logging into a server or User account which the user is not authorized to access;
      • attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Website without proper authorization;
      • attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, flooding, spamming, mail bombing or crashing or otherwise attempting to deny service to the Website or the server of any user;
      • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
      • send unsolicited messages, including promotions and/or advertising of products or services;
      • forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason;
      • use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.

      If you breach the terms of this subsection, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.

      Further, if you breach the terms of this subsection, we reserve all rights on our sole judgment to close your User profile immediately without any notification and to contact and inform the local authorities in your jurisdiction.

      You acknowledge and agree that the copyrights, trademarks and other intellectual property rights including registered and unregistered trademarks, across the Services and the content provided as part of the Services belongs to us or is used under exclusive license by us. No rights in respect of the Services or the content provided as part of the Services are granted to you other than those expressly set out in these Terms and Conditions.

      By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your User profile pages, you automatically grant, and you represent and warrant that you have the right to grant to us, a non-exclusive, royalty free, worldwide license to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorize sub-licenses of the same. You further waive any moral or potential infringements rights you may have in any such information or content. We may assign or sublicense the above license to our affiliates and successors without any further approval by you.

      Full details on how we use your information is contained within our Privacy Policy.

      In accordance with our Privacy Policy, in order to ensure a smooth transition of the service to another company within our corporate group, or to a third party, in the event of a re-branding within our group or in the event of a merger, acquisition, reorganization, sale of any or all of our assets, as explained in our Privacy Policy your data may be transferred as it is considered to be an asset of ours. In such cases you will be informed about how your data is being handled, used, transferred and/or processed via electronic messaging or by a general posting on the service.

      Unless you are advised in such communications that a service is ending, for all services that are transferred, the assumption is that your subscription and automatic renewal billing will continue unchanged until you cancel it on the new website or by contacting the new website operator(s) or owner(s).

    By submitting content to our Website, you are certifying that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any third party, including privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights) and you agree that you waive any moral rights relating to that content (including the right to be identified as the author). We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy or any other law.

      These Terms and Conditions will become effective from the point at which you use the Service as a registered User or Premium Member and will remain in full force and effect unless and until they are terminated.

      User Profile if you do no longer wish to maintain a User Profile on the Website, you will need to terminate your User profile, to avoid User profile Maintenance Fee, as described under Clause 5.A. A User can terminate the User Profile by contacting our Customer Support via phone on (855) 800-4982 or via email on [email protected].
      The Premium Membership subscription will be automatically extended for successive renewal periods of the same duration and rate as the subscription term originally selected in accordance with the Automatic Renewal Billing process explained in these Terms and Conditions.

      Please note that you must terminate your subscription at least 7 days prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please contact our Customer Support via either email [email protected] or via phone on (855) 800-4982. Either you, or us, may terminate your User or Membership profile at any time and for any reason by sending notice to the other.

      We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your User or Membership profile information or data from our Services and any other records at any time at our sole discretion.

      If your access to any of the Services is suspended due to any suspected (in our opinion acting reasonably) or actual breach of these Terms and Conditions, you agree that all fees paid to us are final and all outstanding or pending payments will immediately be due.

      Any notices from you addressed to the Website and/or in the name of www.thatlocalchatter.com for anything not related to membership, user management or technical support should, unless otherwise specified in these Terms and Conditions be send via registered mail to the company’s address;

      EMA Lasting Media LLC
      Address: 1920 N. Coit Rd Ste 200 #179, Richardson, TX, 75080, USA

      You may cancel your registration or subscription at any time by giving us notice of your wish to cancel by phone or email:

      Phone: (855) 800-4982
      Email: [email protected]

      When emailing us you must include your profile information (screenname and email address) in order for us to verify that you are in fact the User or Membership profile account holder authorized to amend the account.

      Please be aware that any notice of intention to cancel shall take effect upon receipt by us. It is a breach of these Terms and Conditions to provide your User or Membership profile details to any other person or third-party company. Therefore, only cancellations requested by you as a genuine User or Member of the Services will be effective. A cancellation initiated by any other party or entity, will not be considered a valid cancellation and you will continue to be charged.

      If you have any queries about these Terms and Conditions, the Services or if you wish to make a complaint then please contact us as follows:

      Phone: (855) 800-4982
      Email: [email protected]

      When emailing us you must include your profile information (screenname and email address) in order for us to verify that you are in fact the User or Membership profile account holder authorized to amend the account.

      If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

      This section will apply to the maximum extent permitted by applicable law. We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

      We do not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services. The Website and our Services are provided on an "as is" and "as available" basis. You are responsible for making all the necessary arrangements to ensure you can access the Website (including Internet provider and mobile Internet provider fees and, any other charges associated with that access). We will not be held responsible for any reduced functionality you may encounter because of or in connection with accessing the Website through mobile services or any similar service currently known or developed in the future.

      You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to the Website will be uninterrupted, error-free, or that content loss will not occur. There are no warranties of any kind that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.

      The Website may contain errors, omissions, inaccuracies, or outdated information. We cannot guarantee and do not promise any specific results from use of the Website or its services. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any portion of the Website.

      Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on 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 us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any Users, Profiles or Members.

      To the maximum extent permitted by law, in no event will we be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.

      To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or 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 claims, losses or damages resulting from communications facilitated by the Services.

      Our total liability to you in connection with these Terms and Conditions or the use of the Services shall be limited as to the fees paid by you to us for use of the Services as a User or Member.

      Nothing in these Terms and Conditions will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us.

      You agree to indemnify us, our officers, directors, employees, agents and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your, or anyone using your User or Membership profile account's use of or inability to use the Services, (ii) any content or information posted by you or anyone using your User or Membership profile account, (iii) your or anyone using your User or Membership profile account's violation of these Terms and Conditions or your or anyone using your User or Membership profile account's violation of any rights of a third party, or (iv) your or anyone using your User or Membership profile account's violation of any applicable laws, rules or regulations.

      We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.

      Where our Website contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.


    We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

    We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

      These Terms and Conditions, and the pages throughout this Website and Services to which these terms refer, constitute a contract that governs the relationship between us and you. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations in place between us.

      These Terms and Conditions and the documents referred to in them shall be governed and construed in accordance with the law of Texas. Any disputes relating to these Terms and Conditions, the documents referred to in them or the Website or the Services will be subject to the exclusive jurisdiction of the Texas courts.

      Binding Arbitration With the exception of those disputes that are expressly excluded below, a dispute shall be finally and exclusively settled by binding arbitration if the Parties are unable to resolve it through informal negotiations. You are aware that if this clause were not present, you would have the option of filing a lawsuit and having a jury trial. The American Arbitration Association's Commercial Arbitration Rules ("AAA") and, where applicable, its Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available on the AAA website at www.adr.org, shall govern the commencement and conduct of the arbitration. The AAA Consumer Rules shall govern your arbitration fees and, when applicable, set a limit on your portion of the arbitrators' fees. The arbitration might take place in person, online, over the phone, or with the submission of papers. If requested by either Party, the arbitrator need not include a statement of reasons in the written ruling they make. Any award may be contested if the arbitrator doesn't follow the relevant laws, which is required by the arbitration agreement. The arbitration will take place in USA, Texas, unless specified otherwise by the applicable AAA rules or by applicable law. Except as otherwise stated in this agreement, the Parties may bring a lawsuit in court to compel arbitration, stay legal action while arbitration is taking place, or to affirm, modify, vacate, or enter judgment on the arbitrator's award.

      The parties hereby agree to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts, in the event that a dispute proceeds in court rather than through arbitration. The dispute shall be initiated or prosecuted in the state and federal courts located in USA, Texas. These Terms of Service do not apply to the Uniform Computer Information Transaction Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Goods.

      Any dispute involving the Site that is being made by any Party may not, under any circumstances, be brought more than one (1) year after the cause of action first accrued. A court of competent jurisdiction within the courts listed for jurisdiction above will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision.

      Restrictions The Parties accept that any arbitration should be limited to their particular dispute. To the fullest extent permitted by law, there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals, (a) no arbitration shall be joined with any other proceeding, (b) no right or authority for any dispute to be arbitrated on a class-action basis or to use class-action procedures.

      Exceptions to Arbitration The Parties accept and agree that the following Disputes are not subject to the foregoing provisions regarding binding arbitration: (a) any Disputes pertaining to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (b) any Dispute pertaining to, or arising from, any claim for injunctive relief; and (c) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of A court of competent jurisdiction within the courts listed for jurisdiction above will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision.

    • CALIFORNIA CIVIL CODE SECTION 1542 WAIVER You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: 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 OR HER SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and principles of common law or any other state laws as it pertains to the enforcement of the releases provided in this paragraph.