Terms of Service
Last Revised: April 16, 2024
1. Acceptance of Terms
1.1. Terms of Service. These Terms of Service (these “Terms of Service”) govern your access and use of (i) the website available at https://askmary.xyz, (ii) the chatbot service provided via SMS and MMS texting and (iii) all services, content, tools, features, and functionalities offered on or through the Site and the chatbot service (collectively, the “Service”), which are provided by or on behalf of Ranedrop Corporation, (the “Company”, “we” or “us”). By accepting these Terms of Service or by accessing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1.2. User. For purposes of these Terms of Service, “you” or “your” means you as a user of the Service.
1.3. Changes to these Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will update the “Last Revised” date at the top of the page of these Terms of Service. You can review the most current version of these Terms of Service at any time at https://ranedrop.com/legal/policies/terms-of-service. We will use commercially reasonable efforts to notify you of any material changes thirty (30) days prior to any such material changes taking effect. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If any change to these Terms of Service is not acceptable to you, you must cease all access or use of the Service.
1.4. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AND SECTION 12 CONTAINS AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. YOU HAVE THE RIGHT TO OPT-OUT OF ARBITRATION AS EXPLAINED IN SECTION 12.
2. Your Privacy At Ranedrop, we respect the privacy of our users. For more information regarding how we handle the information you provide to us when you use the Service, please see our Privacy Policy, located at https://ranedrop.com/legal/policies/privacy the “Privacy Policy”).
3. Description of Service The Service provides [a conversational texting interface to provide advice and counseling related to romantic based on the information and data you provide. The Service may also offer ancillary optional services, such as styling advice.]
4. Access and Use of the Service
4.1. Eligibility. To be eligible to use the Service, you must be at least 18 years of age and reside in a jurisdiction where the Service is offered.
4.2. Access; Restrictions. You may access and use the Service only for your personal, non-commercial purposes. You may access the Service by sending a text to the Company phone number set forth in Section 17. [A1] You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third-party; (b) modify, copy, distribute, transmit, reproduce, or create derivative works of the Service or any content made available thereon; (c) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (d) modify, adapt or hack the Service to, or otherwise attempt to, gain unauthorized access to the Service or its related systems or networks, (e) use bots, hacks, mods or any other unauthorized software designed to modify the Service, (f) circumvent, remove, alter or thwart any technological measure or content protections of the Service, (g) use any spider, crawler, scraper or other automatic device, process or software that intercepts, mines, scrapes, extracts or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same, (h) introduce any viruses, trojan horses, worms, bombs or other materials that are malicious or technologically harmful into our systems, (i) use the Service for illegal, harassing, unethical, or disruptive purposes, or (j) access or use the Service in any way not expressly permitted by these Terms of Service. You shall also comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Service.
4.3. Software. Any software that may be made available by the Company in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these Terms of Service, the Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the Software on your personal devices solely in connection with the Service, provided that you shall not (and shall not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
4.4.AI-Generated Output. You acknowledge and agree the Service is supported by various artificial intelligence algorithms and models (the “AI Models”) and that certain information, recommendations, suggestions or other output (collectively, “Output”) generated and returned by the Service may be generated using such AI Models and other third-party AI tools. The Company will use reasonable efforts to manually review Output before it is returned to you; however in relying on the AI tools, in addition to the limitations and restrictions set forth in these Terms, there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks the empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amounts of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal. You agree that you are responsible for evaluating, and bearing all risks associated with, the use of any content, suggestions and advice presented to you through the Service, including any reliance on the accuracy, completeness, or usefulness of any Output.
4.5. Required Equipment and Mobile Services. The Service is solely available through SMS/MMS texting via mobile phone. By using the Service and providing us with your telephone number(s), including when you first access the Service in texting the Company, you are consenting to be contacted by the Company or its affiliates or partners by text message, SMS and/or MMS message, or other telephonic or electronic means for marketing, solicitation, informational purposes in connection with your use of the Service or other similar purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You will be required to respond to an initial call or message as instructed to complete your registration with the Service and thereafter, you may be required to respond to additional messages to confirm enrollment to receive other calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Company or its affiliates or partners for marketing or solicitation purposes to use the Service. You are solely responsible for providing the mobile device, wireless service plan, Internet connections and/or other equipment and services needed to use the Service. Message and data rates may apply for any message sent to you from us or to us from you. Your wireless service provider may charge you fees for data, text messaging and/or other wireless access. Please check with your wireless service provider to determine what fees apply. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify the Company or its affiliates or partners, as applicable, directly by replying “STOP” to any text message you receive from us or by contacting us in accordance with Section 17. In the event you change or deactivate your telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to a person that acquires your old telephone number.
5. Your Content
5.1.Your Content. You are solely responsible for all data, images, information, feedback, suggestions, text, content and other materials that you upload, deliver, provide or otherwise transmit or store (hereafter “provide”) in connection with or relating to your use of the Service (“Your Content”). You represent and warrant that all of Your Content that you provide, including information about yourself, is true and accurate. You may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. By providing Your Content on or through the Service, you hereby grant the Company (and our third-party partners and service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with providing the Service to you. You agree that the foregoing includes a right for us to make Your Content available to, and pass the foregoing rights to, others with whom we have contractual relationships related to the provision of the Service, solely for the purpose of providing the Service, and to otherwise permit access to or disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. Additionally, the Company may generate and use technical logs, data and learnings about your use of the Service and Your Content and use such data together with Your Content in aggregate, anonymized form to operate, improve, analyze and support the Service and other products and services of the Company and for other lawful business purposes, including training the AI Models. By providing Your Content through the Service, you represent and warrant that you have all rights, licenses, consents, and/or permissions necessary to grant the rights granted herein to Your Content.
5.2.Prohibited Data. You agree that you will not at any time provide through the Service or otherwise to the Company any sensitive financial information. You shall not send or upload any content to the Service, and you represent and warrant that Your Content does not contain any content that (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to upload under any law or under contractual or fiduciary relationships; (c) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses or creates a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (f) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (g) in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Company or its users to any harm or liability of any type.
5.3. Security Measures. You understand that the operation of the Service may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the Company’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. We employ a number of technical, organizational and physical safeguards designed to protect Your Content. However, no security measures are failsafe and we cannot guarantee the security of Your Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
6. Fees. To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information to the Company (or its payment processor) regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with the Company or the payment processor as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize the Company (through its payment processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that Company charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change the Company’s prices. If the Company does change prices, the Company will provide notice of the change at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on the Company’s net income.
7. Intellectual Property Rights
7.1. Company Rights. The Service, including the “look and feel” of the Site and Service, and all related proprietary content, information and other materials, are protected under intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Service and Software including all intellectual property rights therein. Any rights not expressly granted herein are reserved.
7.2. Company Trademarks. The “AskMary” and “Ranedrop Corporation” names and logos are trademarks and service marks of the Company (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the Company Trademarks will inure to our exclusive benefit.
7.3. Feedback. We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to the Company any and all right, title and interest (including any intellectual property right) that you may have in and to any and all Feedback.
8. Third-Party Services and Websites The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties, such our payment processor (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third-party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. The Company has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. You, and not the Company, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The Company enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation of any such Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third-party. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
9. Indemnification To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Company Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to (a) your use of the Service, (b) Your Content, or (c) your violation of these Terms of Service. The Company will provide notice to you of any such claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting the Company’s defense of such matter. You may not settle or compromise any claim against the Company Parties without the Company’s prior written consent.
10. Disclaimer of Warranties
10.1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2. YOU ACKNOWLEDGE THAT THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
11. Limitation of Liability
11.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.
11.2. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
11.3. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
12. Dispute Resolution By Binding Arbitration PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
12.1. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
12.2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
12.3. Pre-Arbitration Dispute Resolution. The Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at the email address set forth in Section 17. You and the Company agree to make a good faith sustained effort to resolve any disputes before resorting to more formal means of resolution. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be sent to the mailing address listed in Section 17 below (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled.
12.4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator, administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with the Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”), as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com/ If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
12.5. Seat of Arbitration. Unless the Company and you agree otherwise, any arbitration hearings will take place in Washington, D.C. If your claim is for $10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
12.6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either the Company or you under the JAMS Rules, the Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, the Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the JAMS Rules.
12.7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
12.8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Section 12.2 above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 12.2 are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
12.9. Opt-Out. You have the right to opt-out and not be bound by this Arbitration Agreement by sending written notice of your decision to opt-out to the U.S. mailing address listed in Section 17 below. The notice must be sent to us within thirty (30) days of your registration with the Service or agreement to these Terms of Service (or if this Arbitration Agreement is amended hereafter (other than a change to the Notice Address), within thirty (30) days of such amendment being effective) and such notice must specify your name and mailing address. If you opt-out of this Arbitration Agreement, we will also not be bound by the terms of this Arbitration Agreement.
13. Termination. You agree that the Company, in its sole discretion, may suspend or terminate your use of the Service and remove and discard any content within the Service (including Your Content), for any reason, including for lack of use or if the Company believes that you have violated these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate your access to the Service, delete Your Content and/or bar any further access to Your Content or the Service. Further, you agree that the Company will not be liable to you or any third-party for any termination of your access to the Service.
14. General. These Terms of Service constitute the entire agreement between you and the Company governing your access and use of the Service, and supersede any prior agreements between you and the Company with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the District of Columbia without regard to its conflict of law provisions. The failure of the Company to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of the Company, but the Company may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond the Company’s reasonable control.
15. Notice for California Users Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at the mailing address set forth in Section 17 below.
16. U.S. Government Restricted Rights The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).
17. Questions? Concerns? Suggestions? Please contact us at legal+terms-of-service@ranedrop.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
Notice for SMS/MMS Users of askMary
1. The service provides people with the knowledge, skills, and confidence to get to the next step on their journey toward a committed relationship. The mechanism for this is an interactive, contextually aware relationship guidance service for users who want to engage in naturally flowing conversational sessions with relationship experts.
Expected Interactions
The service engages with users in a mostly reactive manner, but there are proactive elements of the experience where the service initiates follow-up discussions or checks in on the status or well-being of the user.
Reactive: This occurs when the user initiates the conversation with the service. The service will respond in turn to the inbound messages from the user. Any reactive interaction will have a clear indication of the message to which it is responding.
Proactive: This occurs as a result of the system being triggered by an event (action-based or time-based), where the service will proactively engage with an existing user, if they have previously provided their consent for the service to do so.
2. You can cancel the SMS service at any time. Just text "STOP" to the service’s phone number or short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at help@askmary.xyz.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive no more than five proactive messages per day, and reactive messages will be in proportion to the number of messages that you send to the service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: https://askmary.xyz