TERMS OF USE AGREEMENT

Last Revised: May 11, 2019

Special notice to California users: You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect, or you may email us by clicking here. This notice shall be sent to: Ureka, LLC., Attn: Cancellations, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364. For additional information, please see Paragraph 21 below.

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

You should also read the Privacy Policy, which is incorporated by reference into this Terms of Use Agreement and available on the website.

1. ACCEPTANCE OF THE TERMS OF USE

    The Terms of Use Agreement (the “Agreement”) is an electronic contract that governs our relationship with users and others that interact with Ureka, LLC., our subsidiaries and affiliates (collectively, “Ureka”), in connection with the use of Ureka website (www.urekaprofile.com) (the “Website”) and any services offered on the Website and our services, which include but not limited to services, products, and features available through our Website, applications, which may include mobile software and applications on social networking sites and other platforms, and other downloadable products (collectively, the “Services”). Ureka may offer additional Services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional Services or products and all modified or revised Services unless otherwise indicated. Ureka also reserves the right to cease offering any of the Services. You agree that Ureka shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

    Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Ureka when you sign up to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or

    conditions of any other agreement you may have with Ureka for products, services or otherwise.

    All visitors to or users of our Website or mobile application, whether registered or not are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member.” The term “Member” means a person who provides information to Ureka on the Website or to participate in the Services in any manner, whether such person uses the Services as a free member or subscriber.

    This Agreement and any policy or guideline of the Services may be modified by Ureka in its sole discretion at any time. Ureka shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Website and mobile applications. When we change the Agreement, we will update the “last revised” date at the bottom of this page. If you are a non-subscriber user or Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Website or Service, and your use of the Service after such posting will constitute acceptance by you or the revised Agreement. If you are a subscribing Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 13. If you continue your subscription, the 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 revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.

    By using the Services, you consent to receive this Agreement in electronic form by using the Services. To withdraw this consent, you must cease using the Services and terminate your account.

    2. ELIGBILITY

    You must be at least 18 years of age to access and use the Service. Further, you represent and warrant that (i) you have never been convicted of a felony, any crime involving violence or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government entity; (ii) you have not previously been suspended or removed from the Services; (iii) you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement; (iv) you are not a competitor of Ureka and are not using the Services for reasons that are in competition with Ureka or other than for its intended purpose; and (v) you are not located in, under the control of, or a national resident of any country which the United States has

    (a) embargoed, (b) identified as a “Specially Designated National” or (c) placed on the Commerce Department’s Table of Deny Orders.

    3. USE OF THE SERVICES

    You agree that you will only use the Services, including the posting of any content through 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. Use of the Services is void where prohibited.

  • a. Member Account. You may register as a Member at no cost. As a Member, you may use some, but not all, of the features and services available within the Services. To access or use additional features and services, you must become a paying subscriber to the Service.
  • b. Account Security. . You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section __ below). You agree to (i) immediately notify Ureka if you suspect any unauthorized use of your username or password or any other breach of security, (b) to ensure that you exit from your account at the end of each session, (c) not to use the account, profile, username or password for any other user or Member and (d) to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You acknowledge that Ureka is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
  • c. Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
  • d. Interactions with Others. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others, including dating. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENLTY, UREKA DOES NOT ROUTINELY SCREEN ITS USERS, INQUIRE INTO THE BACKGROUND OF ITS USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY ITS USERS OR CONDUCT CRIMINAL SCREENINGS OF ITS USERS. UREKA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH OF ANY SEX OFFENDER REIGSTRIES). YOU FURTHER ACKNOWLEDGE THAT UREKA IS UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS. Ureka is not responsible for the conduct of any Member. In no event shall Ureka be liable for any 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 Website or Services including, without limitation, death, bodily injury, emotional distress, and/or other damages resulting from communications or meetings with other Members or persons you meet through online dating websites. You agree to take all necessary precautions in all interactions with other Members. In addition, you agree to review and follow Ureka’s Safety Tips, located on the Website, prior to using the Service. You understand that Ureka makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals, the quality of your profiles, or any other services offered by Ureka. You should not provide your financial information (for example, credit card or bank account information), or wire otherwise send money, to other Members. Ureka does not make any representations, warranties or guarantees as to the conduct of its users, information provided by the users, or their compatibility with you. You acknowledge that not all users are available for matching and that Ureka may create test profiles or accounts to monitor the operation of the Services. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person.
  • e. User Conduct. Ureka is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Website or the Services.YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK. You agree not to do any of the following in connection with the Services or the user thereof:
  • 1. Use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
  • 2. Engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
  • 3. Use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
  • 4. Impersonate any person or entity, mispresent your age, identity, affiliation, connection or association with, any person or entity;
  • 5. Make any commercial use of the Services or promote or solicit involvement in or support of a political platform, religion, cult, or sect;
  • 6. Defraud, swindle or deceive other users of the Services;
  • 7. Collect or solicit personal information about anyone under 18;
  • 8. Use the Service for any phishing, trolling or similar activities;
  • 9. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk email or communications, unsolicited commercial email or communications or other spamming or spimming activities;
  • 10. Attempt to access any Services or area of the Website that you are not authorized to access; or
  • 11. Permit or allow other people or third parties to access and use the Services via your account.
  • f. Reporting Violations. If you wish to report any violation of this Agreement by others, including Members, you may do so by using the “Report This Profile” button or similar button or link on the Services or by contacting us here.
  • g. Verification and Enforcement. . Although Ureka does not routinely conduct criminal screenings of its users, you agree that Ureka has the right to do so at its sole discretion, and you consent to such screening and agree to provide to Ureka, upon request, complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if Ureka believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, Ureka may, among other things, investigate, take legal action against you and/or terminate your account and cancel your subscription and/or membership.

4. USER CONTENT

  • a. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Ureka through the Services (collectively, the “Posts”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (collectively “User Content”). Ureka does not control, take responsibility for or assume liability for any User Content you Post by you or any third party, or for any loss or damages thereto, nor is Ureka liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
  • b. Accuracy of Information. You will not Post any inaccurate, misleading, incomplete or false information or User Content to Ureka. You understand and agree that Ureka may, but is not obligated to, monitor or review any User Content you Post on the Website or as part of the Services. Ureka may delete any User Content, in whole or in part, that in the sole judgment of Ureka is inaccurate, violates this Agreement or may harm the reputation of Ureka.
  • c. License of User Content to Ureka . Ureka claims no ownership or control over your User Content, except as specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Ureka perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by Ureka will not infringe or violate any third-party or violate the terms of this Agreement. You further represent and warrant that you have written consent of each and every identifiable natural person in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release Ureka and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
  • d. Prohibited Content. . The following is a partial list of the kind of User Content that is prohibited on the Website or as part of the Services. You may not Post anything that:
  • 1. Is obscene, pornographic, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
  • 2. Constitutes or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • 3. Constitutes or advocates for harassment or intimidation of another person;
  • 4. Requests money from, or is intended to otherwise defraud, other users of the Website or Service;
  • 5. May infringe or violate any patent, trademark, trade secret, copyright or other intellectual proprietary right of any party, including User Content that contains others’ copyrighted content without obtaining proper permission first;
  • 6. Violates someone’s data privacy or data protection rights;
  • 7. Involves transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” or any similar activities;
  • 8. Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • 9. Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • 10. Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • 11. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • 12. Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • 13. Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • 14. Contains viruses, time bombs, Trojan horses, cancelbots, works or other harmful, or disruptive codes, components or devices;
  • 15. Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • 16. Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • 17. Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  • 18. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
  • 19. Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Ureka reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing offending User Content from the Website or the Services and terminating or suspending the membership of such violators.

  • e. Use of Proprietary Information of Others. You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
  • f. Submissions. . Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to Ureka and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to Ureka by email or otherwise, as non-confidential and shall become the sole property of Ureka. Ureka shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. Ureka shall be entitled to the unrestricted use and dissemination of any Submissions for any purposes, commercial or otherwise, without acknowledgment or compensation to you.
  • g. Social Network Sites. . When you have enabled to the use of our Services through a third-party social networking or similar site or mobile or other application (a “Social Networking Site”), such as Facebook, Instagram, Twitter or Google+, you permit Ureka to access certain information about you that is made available to Ureka through or from that Social Networking Site. The information obtained by Ureka varies by ‘Social Networking Site and may be affected by the privacy settings your establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts lists or followers and other information. By accessing or using our Services through a Social Networking Site, you are authorizing Ureka to collect, store, retain, and use, in accordance with our Privacy Policy, any and all of your information that Ureka has obtained from the Social Networking Site, including to create Ureka profile(s) and account for you. Depending on the Social Networking Site and your privacy settings, Ureka may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms) our application on a Social Networking Site or the transfer of information to Ureka from such site. If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that Ureka is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about Ureka that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.
  • This Privacy Policy (the “Policy”) explains how your personal information is collected, used, and disclosed by Ureka, LLC. (“Ureka”) when you use our services (the “Services”). The Policy also explains how you can review and modify information that you provide to us and your preferences regarding our use and disclosure of such information. Ureka values users privacy and we do everything protect and preserve the privacy of your information.

    By registering, using or subscribing to the Services, you confirm that you have read and consented to the following: (1) the collection of your personal information as outlined and explained in this Policy; (2) the processing of your personal information as outlined and explained in this Policy; (3) the sharing of personal information with third parties as outlined and explained in this policy; (4) the use of cookies and similar technologies to store and access information on devices you connect to the Services in accordance with our Cookie Policy; (5) the use of your personal information to send you notifications, promotions, and advertising by email, SMS or MMS text message, or in accordance with this Policy; (6) the collection and use of location information; (7) the sharing of personal information with third parties for fraud detection and prevention services; and (8) the Terms of Use in accordance with the Terms of Use Agreement.

    Any capitalized terms that are not defined in this Policy shall have the meaning given in the Terms of Use. If you have any questions relating to the content of this Policy please contact us using the contact information set out below.

5. PRIVACY

Please refer to our Privacy Policy for information about how Ureka collects, uses, stores and discloses identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of Ureka or post or provide to Ureka any information or content which is intended to be shared publicly, such content, information and materials will be shared accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or any other country in which we process your data or make the Services available. You also consent to receive emails from us in connection with the use or promotion of the Services.

6. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Ureka logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of Ureka and its licensors (including other users who post User Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of Ureka.

You are granted a limited, non-sublicensable license to access and use the Services, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so; (ii) “frame” or “mirror” any part of the Services, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to Ureka or the Services in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Services; (v) use any data mining, robots, or similar data gathering or extraction methods to otherwise collect any pictures, descriptions, data or other content from the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services; (vii) use any automated methods or processes to create users accounts or access the Services or (viii) use the Proprietary Materials or the Services other than for their intended purpose. Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of Ureka, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Ureka reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.

7. INFRINGEMENT POLICY

If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by emailing support@urekaprofile.com, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.

Ureka reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. Ureka may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. COPYRIGHT POLICY

If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement, pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Ureka designated Copyright Agent to receive notifications of claimed infringement is:

Ureka, LLC.

Attn: Copyright Agent

21781 Ventura Blvd., #1040

Woodland Hills, CA 91364

Support @urekaprofile.com (only DMCA notices will be accepted at this email address; all other inquiries or requests will be discarded)

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Ureka and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Ureka’s rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

9. TRADEMARKS

Ureka logos and any other trade name or slogan contained in the Services are trademarks or service marks of Ureka, its partners, or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ureka or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Ureka and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

10. HYPERLINKS

You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Website for noncommercial purposes, provided such link does not portray Ureka or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Ureka’s logo or proprietary graphics to link to the Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of Ureka’s trademark, logo or other proprietary information, including the images found in the Services, the content of any text of the layout/design of any page or form contained in the Services without Ureka’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Ureka or any third party.

Ureka makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Ureka and Ureka is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Ureka provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Ureka or any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site of which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.

11. THIRD PARTY CONTENT

Ureka may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Ureka does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Ureka is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

12. ADVERTISERS AND OTHER THIRD PARTIES

The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Ureka is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Ureka shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.

13. NON-COMMERCIAL USE BY MEMBERS

The Website and Service is for personal use only. 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 Ureka, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) attempting to solicit or raise money for any purpose, or (iv) attempting to solicit users to visit a third-party site. 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. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. Ureka may investigate and take any available legal action in response to 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.

14. PAID SERVICES

  • a. General. If you purchase any Services that we offer for a fee (the “Paid Services”), such as a subscription to our Services, you authorize Ureka and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Ureka’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice (except as otherwise described in this Section 14).
  • b. Payment Method. Ureka may, from time to time, offer various payment methods, including without limitation payment by credit card, by debit card, by check, by certain mobile payment providers or by using PayPal. You authorize Ureka to charge you for Paid Services through any payment method(s) you select when purchasing the Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers). Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method. Ureka’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
  • c. Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 14(d) BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
  • d. Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 21, GO TO THE “SETTINGS” PAGE OF YOUR DATING PROFILE, CLICK ON “SUBSCRIPTION” AND FOLLOW THE INSTRUCTIONS. IF YOU PURCHASED A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL NEED TO CANCEL YOUR SUBSCRIPTION THROUGH THAT THIRD PARTY AND IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 21, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS PROVIDED IN SECTION 21 OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.
  • e. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Ureka. You agree to promptly notify Ureka if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
  • f. Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Ureka will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Services before the increased price goes into effect, you agree to pay the increased price for the Paid Services. You agree that Ureka may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. Ureka will inform you of any additional charges that are accumulated.
  • g. Incorrect Payments and Errors. In the event that you submit to us a payment for Paid Services that does not match the price for the Paid Services you selected, Ureka shall have the right, in its sole and absolute discretion, to (1) return or refund all or some of the amount of your payment, (2) apply all or some of your payment amount to other similar Paid Services that have a purchase price less than the amount of your payment, or (3) apply your payment in any combination of the foregoing ways. Ureka reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

15. MODIFICATION TO SERVICE

Ureka 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. You agree that Ureka shall not be liable to you or to any third party for any modification, suspension or discontinuance or the Service. To protect the integrity of the Website or the Service, Ureka reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.

16. FREE TRIALS AND PROMOTIONS

From time to time, we may offer free trials or other promotions (a “Promotion”). As an example, we may offer promotions that provide free subscriber-level access to the Services for a certain period of time. YOU MUST CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH SECTION 14(d) ABOVE) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES.

17. DISCLAIMERS

UREKA PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

UREKA DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UREKA DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES OR PROFILES.

UREKA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, UREKA DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

UREKA DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN UREKA. UNDER NO CIRCUMSTANCES WILL UREKA BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UREKA, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM UREKA, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UREKA’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL UREKA’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UREKA 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, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OR ONLINE DATERS USING 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.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

19. GOVERNING LAW AND ARBITRATION; WAIVER; AND INDEMNIFICATION

  • a. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, the interpretation and enforcement of, and proceedings pursuant to, Section 19(b) of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and acknowledge the continuing applicability of our right to contract for binding arbitration and waiver of any right to participate in a class action or jury trial, as set out in Section 19(b) hereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim or dispute you may have against Ureka must be resolved in a federal or state court located in Ventura County, California, USA or as described in the Arbitration provision below. Both you and Ureka retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm. You agree that the state or federal courts located in Ventura County California, USA are the exclusive forum for any proceeding to confirm or vacate an arbitration award rendered in accordance with Section 19(b) hereof (or for any proceeding seeking relief in aid of such arbitration) or in the event that the Arbitration provision below is for any reason held to be unenforceable.
  • b. Arbitration. . READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM UREKA. For any dispute with Ureka, you agree to first contact us within 30 days of when the dispute arises at Support@urekaprofile.com and attempt to resolve the dispute with us informally. In the unlikely event that Ureka has not been able to informally resolve a dispute it has with you within 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief described in Section 19(a)) arising out of or in connection with or relating to the Services or this Agreement, or the breach or alleged breach thereof, including disputes related to the interpretation, applicability, enforceability or formation of this agreement to arbitrate (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the JAMS Optional Expedited Procedures then in effect, except as provided herein. JAMS may be contacted at www.jamsadr.com. You will have the right to participate in the selection of the arbitrator, who may be selected by mutual agreement of the parties or by the procedures provided by JAMS if the parties are unable to agree on an arbitrator. Unless the parties agree otherwise, the arbitrator shall be an attorney licensed to practice in the location where the arbitration proceedings will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. The arbitration will be conducted in Ventura County, California, USA (or the nearest office to Ventura County), unless you request a hearing in your hometown area or you and Ureka agree otherwise. The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the parties. Payment of all filing, administration and arbitrator fees and costs will be governed by JAMS rules, but if you are unable to pay any of them, Ureka will pay them for you. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. If your claim does not exceed $10,000, then you may choose whether the arbitration will be conducted solely on the basis of the documents that you and Ureka submit to the arbitrator, through a telephonic hearing, or by an in-person hearing.
  • c. Class Action and Jury Trial Waiver. YOU AND UREKA AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND UREKAARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
  • d. Indemnity. You agree to defend, indemnify and hold Ureka, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services; (ii) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code or (viii) your violation of any applicable laws, rules or regulations.
  • e. Severability. If any clause within this Section 19 is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

20. TERMINATION

Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.

  • a. Termination by Ureka. Notwithstanding anything to the contrary in this Agreement, Ureka may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to Ureka by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in Ureka’s sole discretion. Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to Section 19 of this Agreement.
  • b. Termination by You. In addition to any right to cancel your subscription pursuant to Section 21, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the “settings” page of your account or by contacting us as described above. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to Ureka and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
  • c. Survival. After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including without limitation Sections 17, 18, 19 and __.

21. CANCELLATION RIGHTS

In addition to the cancellation procedure set forth in Section 14(d) above, if you are a Ureka subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), you have the right to cancel your subscription in accordance with the applicable terms described below for such state. The date of your subscription is the date that you sign up for the subscription through our Services. Upon cancellation of your subscription in accordance with this Section 21, your subscription benefits will terminate immediately.

  • a. Arizona. CANCELLATION. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, within three business days, excluding Sundays and holidays, following the date you purchased a subscription and/or upgrade(s). A signed written notice of cancellation (which includes your Ureka user name and the email address used to register for the Services) must be sent by certified mail to Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364, or personally delivered to our offices at that address. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
  • b. California. CANCELLATION. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time until midnight of the third business day after the day on which you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), mail or deliver a signed and dated notice to Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364, or send an email to support@urekaprofile.com that you are cancelling your subscription and/or upgrade(s) or words of a similar effect. Include your Ureka user name and the email address used to register for the Services with such notice. Notice of cancellation if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. All moneys paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 10 days of receipt of the notice of cancellation.
  • c. ConnecticutNOTICE OF CANCELLATION. YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT THE FOLLOWING ADDRESS: UREKA, LLC., ATTN: CUSTOMER SERVICE, 21781 VENTURA BLVD., #1040, WOODLAND HILLS, CA 91364. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR UREKA USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
  • d. Illinois. CANCELLATION. . You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, within three business days after the first business day after the date you purchased a subscription and/or upgrade(s). A written notice of cancellation (which includes your Ureka user name and the email address used to register for the Services) must be sent by certified or registered mail to Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
  • e. Iowa. Notice of Cancellation. You have the right to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription), without any penalty or obligation, at any time prior to midnight of the third business day after the date you purchased a subscription and/or upgrade(s). A signed and dated written notice of cancellation (which includes your Ureka user name and the email address used to register for the Services) must be mailed or delivered to Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364. Monies paid pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 10 business days of receipt of the notice of cancellation.
  • f. Minnesota. MEMBERS’ RIGHT TO CANCEL. If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to us. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you purchased a subscription and/or upgrade(s). The notice must be delivered or mailed to: Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364. If you cancel, we will return, within ten days of the date on which you give notice of cancellation, any payments you have made. Include your Ureka user name and the email address used to register for the Services with such notice.
  • g. New York. NOTICE OF CANCELLATION. YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT UREKA, LLC., ATTN: CUSTOMER SERVICE, 21781 VENTURA BLVD., #1040, WOODLAND HILLS, CA 91364. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR UREKA USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
  • h. North Carolina. NOTICE OF CANCELLATION. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) at any time prior to midnight of the third business day after the date you purchased a subscription and/or upgrade(s). To cancel your subscription and/or upgrade(s), mail or deliver a written notice of cancellation (which includes your Ureka user name and the email address used to register for the Services) to Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364 no later than midnight of the third business day after the date you purchased a subscription and/or upgrade(s). Notice of cancellation, if given by mail, is given when it is deposited in the United States mail properly addressed and postage prepaid. Payments made pursuant to any subscription and/or upgrade(s) for dating services shall be refunded within 30 days after the notice of cancellation is given.
  • i. Ohio. NOTICE OF CANCELLATION. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) for any reason, without any penalty or obligation, until midnight of the third business day after the date you purchased a subscription and/or upgrade(s), or if the Services are not available when you purchased a subscription and/or upgrade(s), you may cancel your subscription and/or upgrade(s) prior to midnight of the seventh business day after the date on which you receive your first Service. A written notice of cancellation (which includes your Ureka user name and the email address used to register for the Services) must be sent by certified mail (return receipt requested) or delivered to Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364, or sent by email to support@urekaprofile.com. Notice of cancellation by certified mail is effective upon the date of post marking. Delivery is effective when delivered to the address above. When notice is sent by electronic mail, notice is effective when the electronic mail is sent to Ureka’s electronic mail address.
  • j. Rhode Island. NOTICE OF CANCELLATION. You may cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) at any time prior to midnight of the third business day after you purchased a subscription and/or upgrade(s) by mailing, by certified or registered United States mail, a signed and dated copy of this Notice of Cancellation at Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364. If you cancel under this provision, any payments made by you will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your Ureka user name and the email address used to register for the Services with such notice.
  • k. Wisconsin. CANCELLATION AND REFUNDS. RIGHT TO CANCEL. You are permitted to cancel your subscription and/or upgrade(s) (including upgrades to a subscription and upgrades without a subscription) until midnight of the third day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying Ureka by any writing mailed or delivered to Ureka at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by Ureka and arrangements will be made to relieve you of any further obligation to pay the same. Include your Ureka user name and the email address used to register for the Services with such notice.

22. STATE SPECIFIC PROVISIONS

If you are a Ureka subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), the provision(s) listed below for such state will apply. Unless otherwise stated, you may exercise any rights applicable to you by providing written notice to us (which includes your Ureka user name and the email address used to register for the Services) by mail at Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364.

  • a. California. The following additional provisions(s) apply if you are a California subscriber (as determined by the zip code you use at the time of your subscription):
  • 1. If by reason of death or Disability (as defined below) you are unable to receive all services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death or the onset of disability. If you have prepaid any amount for Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you and your representative. “Disability” means a condition which precludes you from physically using the Services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to Ureka. If the physician determines that the duration of the disability will be less than six months, we may extend the term of the contract for a period of six months at no additional charge to you in lieu of cancellation.
  • 2. You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical office. Thus, you acknowledge and agree that for purposes of California Civil Code¬§ 1694.3(b), the term “Dating Service Office” shall mean any location where the Services are available. If you relocate your primary residence further than 50 miles from Ureka’s Dating Service Office and you are unable to transfer the contract to a comparable facility, you may elect to be relieved of the obligation to make payment for services, other than those received prior to that relocation. Upon such election, if you have prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you If you elect to be relieved of further obligation pursuant to this subdivision, Ureka may charge you a fee of $100.00 or, if more than half the life of the contract has expired, a fee of $50.00, not to exceed the amount of the refund to which you are entitled. Such fee shall be deducted from any refund which Ureka is required to make to you.
  • b. Illinois. The following additional provision(s) apply if you are an Illinois subscriber (as determined by the zip code you use at the time of your subscription).
  • 1. You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of the Illinois Dating Referral Services Act, the location of an “enterprise” shall mean any location where the Services are available. If you relocate your primary residence to a location that is more than 25 miles from where our Services are comparably offered, you may cancel this contract and shall be liable only for that portion of the charges allocable to the time before reasonable evidence of the relocation is presented to Ureka plus a fee equal to the lesser of (1) 10% of the unused balance or (2) $50. Such fee shall be deducted from any refund which Ureka is required to make to you.
  • 2. If by reason of death you are unable to receive all services for which you have contracted, your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death. We shall have the right to require and verify reasonable evidence of the death.
  • c. New York. The following additional provisions(s) apply if you are a New York subscriber (as determined by the zip code you use at the time of your subscription).
  • 1. If you subscribe for any Paid Services, Ureka will provide a minimum of one match to you each month. In the event we do not provide at least one match for two or more successive months, you shall have the option to cancel this agreement by notifying us in writing at the address stated in this Agreement and to receive a refund of all monies paid pursuant to the cancelled contract; provided, however, that Ureka shall retain as a cancellation fee 15% of the cash price or a pro rata amount for the number of referrals furnished to you, whichever is greater. This shall be your sole remedy for failure to provide the minimum number of referrals.
  • 2. Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of Ureka’s business by another company or third party or in the event of bankruptcy, Ureka will not without the prior written consent of the purchaser sell, assign or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services.
  • 3. If you permanently relocate your primary residence further than 50 miles from any area in which Ureka offers the Services, you may elect to terminate your subscription by notifying us in writing at Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid, less a termination fee of $50.00, not to exceed the amount of the refund to which you are entitled.
  • 4. You have the right to place your subscription on hold for a period of up to one year at any time. To do this, you must notify Ureka in writing (which includes your Ureka user name and the email address used to register for the Services) at Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364.
  • d. Ohio. The following additional provision(s) apply if you are an Ohio subscriber (as determined by the zip code you use at the time of your subscription):
  • 1. If by reason of death or disability you are unable to receive the benefits from the Services, the contract shall be proportionally divided by all of the days in which the Services were made available to you as part of the contract offering, and you shall be liable for payments only for that portion of the contract that can be attributed to the period prior to your actual death or disability, exclusive of any period of time in which the Services were made available to you free of charge as part of the contract offering, and within 30 days after receiving notice of your death or disability, we shall refund your representative or you the amount paid in excess of the proportional amount. We shall have the right to require and verify reasonable evidence of the death or disability.
  • 2. If you relocate your residence 25 miles or more from any area in which Ureka offers the Services, you may elect to terminate your subscription by notifying us in writing at Ureka, LLC., Attn: Customer Service, 21781 Ventura Blvd., #1040, Woodland Hills, CA 91364 of your intention to relocate and requesting that the contract be terminated. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid.

23. ENTIRE AGREEMENT

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for services or offers on the Website, contains the entire agreement between you and Ureka regarding the use of the Website and Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Ureka 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 Ureka in any manner.

24. AMENDMENT

This Agreement is subject to change by Ureka 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, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 14. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Services after your termination will constitute acceptance by you of the Agreement.



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