SERVICE AGREEMENT

Last Revised: April 23, 2015

This is a legal Agreement (the "Agreement") between you and SuccessfulMatch.com ("SM.com"), the owner and provider of the PositiveSingles.com ("PS.com") website. PositiveSingles.com ("PS.com") is an online service (the "Service") through which adults (the "Members") can meet online other adults with similar interests and backgrounds.  Please read this Agreement and the SM.com Privacy Policy carefully before registering for the Service by checking the box below and agreeing to the terms and conditions of this Agreement.

You may register as a Member at no cost and use some, but not all, of the features and services available on the website.  To access or use additional features and services, including but not limited to the ability to send mails to other Members, you must become a paying subscriber.  The policies and conditions set forth in this Service Agreement and the SM.com Privacy Policy are a part of this Agreement.  Absent special offers, you acknowledge and agree that, if you are not a paying subscriber, you will not be able to use all the features and services available on the website, including but not limited to sending mails to other Members.  A Member profile (both subscribers and non-subscribers) may remain posted on the website even if that Member is not actively using the website.  You acknowledge that, although users may view a Member’s profile, you may not (even as a subscriber) be able to use the website to communicate with that Member if he or she is not actively using the site.

If you check the box at the end of this Agreement, you become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy for as long as you are a Member. If you do not agree to the terms and conditions, please do not check the box below or register as a Member of the Service. The terms and conditions of this Agreement and the Privacy Policy are subject to change by SM.com at any time, effective upon notice to you by a posting on the PS.com website of any such changes.  You agree that, by checking the box below and using the Service after any changes are posted, you will have accepted any such changes.

This PS.com website is part of a network of affiliated dating websites ("Affiliates") that cater to persons with sexually transmitted diseases and sexually transmitted infections ("STDs") (the "SM.com Network").  All of the websites within the SM.com Network use a single database of member profiles.  Although the member database is owned and maintained by SM.com, most of the websites within the SM.com Network are not owned or operated by SM.com.  You can see a list of current Affiliate websites via this link.  Affiliate websites within the SM.com Network have different domain names, but all link to the PS.com website and database.  Affiliate websites are landing pages which provide a portal into the SM.com database, which increases the number of individuals with whom you may have a match. 

By creating or maintaining a profile on the PS.com website or any other website within the SM.com Network, if you share your profile or username with members of PS.com or members of the Affiliates, your profile may be displayed to such persons whether they are registered on PS.com or on one of the Affiliate websites within the SM.com Network.  Affiliate members cannot access your profile without your permission, unless there is a match to the parameters of your profile, which you set and control. 

From time to time, the SM.com Network may provide opportunities for PS.com members to benefit from access to Affiliate websites in addition to the PS.com website.  If you are interested in or wish to have your profile accessible on Affiliate websites within the SM.com Network, please visit the [Profile] section of the PS.com website.  SM.com does not make your PS.com profile viewable or accessible on other websites within the SM.com Network unless you opt-in through the [Profile] section of this website, you provide your username to another person, or there is a match to the parameters of your profile.  If you opt to allow your profile to be viewed through or on Affiliate websites, specific information on how to opt-in is available through the [Profile] section of this website.

If you disagree with any of the terms or conditions contained in this Agreement or SM.com’s Privacy Policy, do NOT check the box below or register to be a Member. If at any point as a Member you disagree with any of the terms and conditions contained in this Agreement or the SM.com Privacy Policy, as amended from time to time, you may terminate your membership by sending an email to support@PositiveSingles.com.

1.            TERMS & CONDITIONS

1.1     The Service is provided to you under the terms and conditions of this Agreement, and SM.com's Privacy Policy.

1.2     You must be at least 18 years of age to register as a Member of PS.com or use the PS.com website. Membership in the Service is void where prohibited.

1.3     By completing the registration process, checking the box below and using the PS.com website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement, you do so of your own free choice, and you will abide by all the terms and conditions of this Agreement, which may be modified from time to time.

1.4     If you wish to obtain a copy of this Agreement in non-electronic form, please contact SM.com at the address listed on our Contact page.

2.            MEMBER'S REGISTRATION INFORMATION

2.1     As a condition for using the Service, you agree to:

2.2     If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, SM.com has the right to terminate your account and refuse any and all current or future use of the PS.com Service.

3.            PROFILE SHARING AND DISTRIBUTION

Affiliate websites within the SM.com Network have different domain names, but all link to the PS.com website and are portals to the common SM.com database.  Affiliate websites may be owned by other entities not owned by SM.com or by PS.com. Many domain names of Affiliate websites are owned by third parties who own the website domain names, but do not operate the Affiliate sites or view user data, which is owned and operated by SM.com.

From time to time, the SM.com Network will provide opportunities for Members to benefit from access to websites in addition to PS.com.  If you are interested in having your profile accessible on other websites within the SM.com Network, please visit the [Profile] section of this website.  PS.com does not make your profile viewable or accessible on other websites within the SM.com Network unless you opt-in through the [Profile] section of the PS.com website.  Specific information on how to opt-in is available there. 

SM.com may share information, including your personal information, with third parties that perform certain services on behalf of SM.com and PS.com including analytics, fraud prevention, customer service, member screenings, payment processing, and support of our website functionality.

4.            CONTENT POSTED BY YOU

4.1     You hereby acknowledge, understand and agree that you have disclosed freely and knowingly all information provided by you to SM.com and that any and all information posted in or on the SM.com website will be used in furtherance of the services SM.com offers via the SM.com Network. SM.com will not knowingly or willfully disclose your information to any third party without your authorization as described in detail in the SM.com Privacy Policy, except as may otherwise be permissible by this Agreement or the Privacy Policy.

4.2     You acknowledge that by submitting any type of communications to SM.com, no fiduciary, confidential, contractually implied or other relationship is created between you and SM.com or any of its subsidiaries or affiliates other than those expressly set forth in this Agreement and in the SM.com Privacy Policy.

4.3     Limited License.  You grant SM.com a limited, worldwide, royalty-free, non-exclusive, non-transferrable license to use any content you upload through the PS.com website, and only in connection with PS.com providing you Services and with regard to any legal requirements or legal issues which may arise regarding your use of the PS.com website.  This license shall continue after you discontinue your membership with the PS.com website.  If you want to terminate this license at any time, please email support@PositiveSingles.com.  However, SM.com reserves the right to terminate your membership if you terminate this limited license.  Please note that, even after termination of any license granted hereunder, some content may continue to exist because of cached internet pages beyond the control of SM.com. 

 

4.4     By becoming a Member, you agree that SM.com, in its sole and absolute discretion and in compliance with all applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c) has and reserves the right to and may remove from the PS.com website any content that does not comply with the terms of use of this Agreement, or which SM.com considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or otherwise unfit for use on the PS.com website, regardless of whether such material is constitutionally protected.

5.            MEMBER INFORMATION & EMAIL

5.1     SM.com considers non-public member account information, including but not limited to information you provide during the registration process and e-mail communications transmitted by you through the Service, to be your private information. SM.com will not disclose such information to any third parties without your consent. You can provide your consent by opting in through the [Profile] section of this website. However, you acknowledge and agree that SM.com may disclose your profile information if SM.com determines that disclosure is reasonably necessary:

5.2     You also understand and agree that SM.com may access the content of your account and your Private Information to identify and resolve technical problems or service complaints by you or other Members, but without disclosing your Private Information to other Members.

6.            MODIFICATIONS TO SERVICE AGREEMENT OR PRIVACY POLICY

In its sole discretion, SM.com reserves the right to modify, change, add or remove any portion of the terms and conditions of this Agreement or the Privacy Policy, in whole or in part, at any time. You will be informed of any such changes by a notice on the PS.com website page stating that the Agreement or the Privacy Policy has changed. Changes in the terms and conditions will be effective from the date they are posted on the PS.com website. Your continued use of the Service after SM.com has posted such notice constitutes your acceptance of any such changes.  If you do not agree with any such changes, you may terminate your membership by sending an email to support@PositiveSingles.com.

7.            MODIFICATIONS TO SERVICE

7.1     SM.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to you.  In the event that SM.com discontinues providing the Service to you for reasons other than your breach of this Agreement, SM.com will refund any unused membership fees.

7.2     You agree that SM.com shall not be liable to you or to any third party for any modification or discontinuation of the Service other than as stated in section 7.1 above, and that SM.com will not be liable to you or to any third party for any sum more than the membership fee for which you paid.  If any third party makes a claim against SM.com based upon services provided to you, you agree to hold SM.com harmless and to indemnify SM.com for any and all losses, expenses or liability except for losses, expenses or liability which were solely caused by SM.com’s willful misconduct.

8.            MEMBER CONDUCT

8.1     You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other SM.com members and that they will comply with the terms and conditions of this Agreement and the Privacy Policy.

8.2     You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the SM.com Network or Service. You also agree not to interfere with the use and enjoyment of the Service by other Members.

8.3     You agree not to transmit on the Service any obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable offensive, vulgar, racist, harmful, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or unfit for use on the PS.com website, regardless of whether such material is constitutionally protected.

8.4     You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.

8.5     You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of email, or to use the Service for any commercial purpose.

8.6     You agree not to engage in advertising or solicitation of other Members in the SM.com Network, including but not limited to advertising to buy or sell any products or services, solicitations of any kind, or use of the PS.com website for any commercial purpose. You agree not to send any chain letters, junk email, or product solicitations through the Service. Use of the Service for advertising is strictly forbidden unless expressly approved by SM.com.

9.            USE OF SITE

9.1     You agree not to interfere or attempt to interfere with the operation of the PS.com website, Service and/or software used to operate the PS.com website and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means prohibited by any provisions of these terms and conditions.

9.2     You and/or any Member may not at any time attempt to use or act upon any software, robot, bot, spider and/or any other means of entering the PS.com website and/or the Service. You may not post any type of service or URL for any reason.

9.3     You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post any photos containing nudity or otherwise vulgar or offensive material in any areas on the PS.com website or the Service, which are accessible to the public or to SM.com’s Members.

9.4     SM.com reserves the right, but has no obligation, to reject or remove any content, profile or photo that does not comply with the letter or spirit of this Agreement.

9.5     Your membership in the Service is for your sole personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your membership or account to any other person or entity. You are responsible for protecting the privacy of your username and password and logging out of the PS.com website if your computer is accessible to others to prevent unauthorized access to the PS.com website and to your profile.

10.        NO RESALE OR TRANSFER OF SERVICE

You agree not to sell, convey or transfer any rights, use of, or access to the Service.

11.        PAYMENT TERMS

11.1     For purposes of your use of the Service, you agree to provide PS.com with true, accurate and complete information as required by the subscription process ("Subscription Data"), including your legal name, address, phone number, email address and other billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the sole purpose of verifying the information you provide and billing your credit card or otherwise charging your account.

11.2     Payment for the Service may be made by credit card, Paypal, or other means authorized by SM.com.

11.3     SM.com’s monthly service charges are subject to change with notice posted on the PS.com website.  You agree that you are solely responsible for checking the PS.com website from time to time to determine if the monthly service charges have changed.

11.4     You agree promptly to inform SM.com of any and all apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your username or password. Until a Member notifies SM.com by e-mail of a breach in security, the Member will remain liable for any unauthorized use of the Service.

11.5     In order to provide continuous service, SM.com automatically renews your one month membership package on the date such subscription expires. 3 and 6 month membership packages are not automatically renewed. By entering into this Agreement, you acknowledge that your account will be subject to the above renewal terms. If you do not wish to have your membership renewed, please send an e-mail to support@PositiveSingles.com.

11.6     If you initiate a chargeback or otherwise reverse a membership payment, SM may in its sole discretion terminate your membership immediately. SM also reserves the right to dispute any chargebacks and reversals.

12.        TERMINATION

12.1     You agree that SM.com, in its sole discretion, may terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or violation of the Privacy Policy as amended from time to time, or your attempt to assign or transfer your account to a third party. You acknowledge and agree that SM.com may terminate your membership without prior notice and acknowledge and agree that SM.com may immediately delete files in your account and bar any further access to your account. Based upon the foregoing, SM.com may also impose limits on certain services and features or restrict your access to parts or the PS.com website without notice or liability.

12.2     You acknowledge and agree that any suspected fraudulent, abusive or illegal activity (see section 8.3 above) may be grounds for termination of your membership and SM.com may refer such grounds to law enforcement authorities.

12.3     Should you object to any terms and conditions of this Agreement or the Privacy Policy, or any subsequent changes to this Agreement or the Privacy Policy, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership by sending an e-mail to support@PositiveSingles.com.

12.4     Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If SM.com terminates your membership, you will not be entitled to any refund of unused subscription fees. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

13.        DEALINGS WITH ADVERTISERS, VENDORS & OTHERS

13.1     You acknowledge and agree that any and all links from SM.com and/or links from any and all other websites owned and/or operated by SM.com do not constitute an endorsement from SM.com or any of its partners, Affiliates, and/or other sites or services of those links. SM.com provides these links solely for information, and each Member is responsible to evaluate the content and usefulness of any information from these links.

13.2     Because SM.com may have no control over other websites and information, you acknowledge and agree that SM.com is not responsible for the availability or content of such other websites or resources.

13.3     You agree not to hold SM.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, affiliates, vendors or others available on or through the Service, or as the result of your dealings with others, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the SM.com website.

13.4     You are solely responsible for your interaction with other users of the PS.com website and the SM.com Network, whether online or offline. SM.com is not responsible or liable for the conduct of any user, and, if you become a member by checking the box below, you agree that any claims you may assert against SM.com will be resolved pursuant to the terms of this Agreement and that SM.com’s liability for any losses or other damages you claim will be limited to refunding your membership fees and no more. SM.com reserves the right, but has no obligation to monitor or become involved in disputes between you and other users. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities.

14.        PROPRIETARY RIGHTS

14.1     You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by SM.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by SM.com, its Affiliates or advertisers, and you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. You agree to abide by any and all restrictions, rights, and/or copyright notices displayed on the PS.com website.

14.2     To the fullest extent permitted by law and this Agreement, you acknowledge and agree that any material you send to SM.com or PS.com, by email or otherwise, including any suggestions and comments that you post on SM.com, the PS.com website, PS.com, the Service and/or in any areas on the Service that are accessible to the public or SM.com’s membership, will be treated as non-confidential and non-proprietary and that SM.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that SM.com will not owe you a commission, fee, or any sum in return for its use of said non-confidential and non-proprietary information.

15.        WARRANTIES & REPRESENTATIONS

By posting or transmitting any file, data, photograph, or other content or communication to SM.com, PS.com, or on the Service, you represent and warrant as follows:

15.1     That the public posting and use of the file, message, data, photograph, or other content or communication by SM.com and any Members of SM.com will not infringe or violate the rights of any other party, including but not limited to any intellectual property rights.

15.2     That, prior to transmitting to SM.com, PS.com or posting or reproducing on the Service any file, message, data, photograph, or other content or communication in which another party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all required and necessary consent from that that party or parties.

15.3     That you are using the Service in accordance with any and all applicable laws and regulations and this Agreement, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.

16.        DISCLAIMER OF WARRANTIES

16.1     The Service and the materials available on or through the Service and the SM.com Network are provided "as is," "as available," and without warranties or conditions of any kind, either express or implied.

16.2     To the fullest extent permissible at law, SM.com disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.

16.3     SM.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the PS.com website or the servers that make it available are free of viruses or other harmful components. SM.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or error free.

16.4     SM.com does not conduct criminal background checks on its users or Members. SM.com reserves the right, but does not assume the duty, to conduct any background checks of its Members or users at any time using any available public records.

16.5     SM.com is not responsible for any of the information provided to SM.com during the age, education, photo, occupation, income or any other verification process. In issuing any certification as to a Member's "verified" or "certified" status, you agree and accept that SM.com has not done any due diligence on the materials or information provided, but has simply relied on the information submitted by the Member or user, which may or may not be accurate or truthful. The term "verified" or "certified" is not to be in anyway construed as a guarantee of any information provided by the Member to you or by the Member or user to SM.com.

17.        LIMITATION OF LIABILITY

17.1     To the fullest extent permissible under applicable law, SM.com and its Affiliates shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits that result from:

17.2     You specifically agree that SM.com and its Affiliates are not responsible or liable for any information on the PS.com website which is obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal or otherwise objectionable offensive, vulgar, racist, harmful, or otherwise unfit for use on the PS.com website or conduct of any other party or any infringement of another's rights, including intellectual property rights.

17.3     In no event, except in jurisdictions where such provisions are restricted, shall SM.com and its parents, subsidiaries, affiliates, owners, officers, directors, agents, principals, and employees be liable to you or to any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the PS.com website, the Service, SM.com , any and all other sites, any and all services, advertising, banners, and/or any part of the PS.com website and/or any service or services offered, even if SM.com has been advised of the possibility of such damages.  In the event of a claim by you against SM.com or its parents, subsidiaries, affiliates, owners, officers, directors, agents, principals, and employees, any and all damages, expenses, losses, costs or liability shall be limited to a refund of your membership fees.

17.4     You agree that SM.com and its Affiliates shall never in any way be liable to you for more than the amount you paid for your membership fees and that, for any claim for breach of this Agreement or any other claim you may have with regard to the PS.com website or Service, your sole and only form of compensation shall be a refund of your membership fees.

17.5     In no event shall SM.com or its Affiliates 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 Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members or users of the Service, particularly if you decide to meet offline or in person. You understand and agree that SM.com and its Affiliates make no representations, guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.  You should never provide your personal financial information (for example, your credit card or bank account information, SSN, etc.) to any other Member.

18.        INDEMNIFICATION

You agree to indemnify and hold harmless SM.com and its parents, subsidiaries, affiliates, owners, officers, directors, agents, principals, and employees, from any loss, liability, claim, demand, or damage, asserted by any third party due to or arising from the content you transmit to or through the Service, as well as your conduct on or arising from your use of the Service, including but not limited to your use of the Service in violation of this Agreement and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth in this Agreement.

19.        NOTICES

Any notice to SM.com shall be made via email to support@PositiveSingles.com. If the notice concerns your withdrawal from the Service or termination of your membership, it will be effective within a reasonable time after SM.com receives it. Your withdrawal notice will not affect the legal validity or enforceability of this Agreement or the Privacy Policy.

20.        GENERAL

20.1     Regardless of where you live or from which physical location you access the PS.com website, the substantive and choice of law provisions of the State of California shall apply to this Agreement and the SM.com Privacy Policy and to your use of the PS.com website without regard to California’s conflict of law provisions.

20.2     The company's failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision.

20.3     The section titles in the Agreement and the Privacy Policy are for convenience only and have no legal or contractual effect.

21.        PROFILE DISCLAIMER

SM.com posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. If at any time you suspect anyone of wrongdoing or if at any time you feel the need to contact SM.com about a violation of this Agreement or the Privacy Policy and/or any other SM.com or PS.com policies, please contact SM.com at support@PositiveSingles.com.

22.        U.S. EXPORT CONTROLS

Any and/or all software from SM.com and each of its parents, subsidiaries, affiliates, owners, officers, directors, agents, principals, and employees is subject to United States export control laws and regulations. Under no circumstances may any software from this PS.com website be downloaded or otherwise exported or re-exported:

a.                   into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other country to which the U.S. has embargoed goods ("Embargoed Country"); or

b.                   to anyone on the U.S. Treasury Department’s Table of Denial Orders. By using this PS.com website and any software and/or by downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Embargoed Country.

23.        OTHER DISCLAIMERS

23.1     SM.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or standard member communications. This includes personal injury or damage to users, members, standard member, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with SM.com and each of its services, its parents, subsidiaries, affiliates, officers and employees.

23.2     SM.com cannot guarantee and does not promise any specific results from use of the Service and/or the PS.com website.

24.        DISPUTE RESOLUTION/WAIVER OF REPRESENTATIVE ACTION

24.1     By checking the box below and entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the PS.com website and/or SM.com Network, any and all such disputes shall be resolved by submission to binding arbitration in San Francisco, California before a retired judge or justice with ADR Services, Inc. pursuant to the ADR Services Arbitration Rules in effect at the time of any such dispute.  You and SM.com agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable.  If the parties are unable to agree on an ADR Services retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with ADR Services by either of us, ADR Services will follow the procedure in its Arbitration Rules to name a retired judge or justice who will act as the sole arbitrator.  Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action.  The ensuing judgment may also be appealed pursuant to California Code of Civil Procedure section 1294.2.  This arbitration provision is governed by the Federal Arbitration Act.  Except as otherwise required under applicable law, (1) you and SM.com expressly intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (2) you and SM.com agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (3) each of you and SM.com shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.  You are entitled to seek the advice of your own legal counsel before entering into this Agreement as well as at any time after you enter into this Agreement.  If you enter into this Agreement by checking the box below, SM.com will assume that you have either consulted with your own legal counsel or decided that you do not need to do so before entering into this Agreement.

BY CHECKING THE BOX BELOW, I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THE SM.COM PRIVACY POLICY AND AGREE TO ALL THE PROVISIONS CONTAINED THEREIN: