Terms And Conditions

Last Revised on 08/06/2024

1. AGREEMENT

Welcome to Single Apostolics Meet Inc! These Terms of Service ("Terms"), together with our Privacy Policy, constitute a legally binding agreement (the "Agreement") between you ("You" or "Your") and Single Apostolics Meet Inc ("SAMe," "we," or "us") governing Your use of our app and services (the "Service"). By accessing the app, creating an account, or utilizing the Service, you agree to be bound by this Agreement. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE APP AND CEASE USING THE SERVICE.

THESE TERMS CONTAIN PROVISIONS THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 22 FOR FULL DETAILS.

2. PRIVACY POLICY

We take your privacy very seriously; as such, our Privacy Policy is an important part of and incorporated by reference into this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide our Service. By using the app or Service, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. SAMe encourages users of the app to frequently check SAMe’s Privacy Policy for changes.

3. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. Accordingly, SAMe reserves the right to change this Agreement and its Privacy Policy at any time upon notice to You, to be given by the posting of a new version or a change notice on the app. It is Your responsibility to review this Agreement and the Privacy Policy periodically. If at any time You find either unacceptable, You must immediately leave the app and cease using the Service. Unless SAMe obtains Your express consent, any revised Privacy Policy will apply only to information collected by SAMe after the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY

You must be at least eighteen (18) years old to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:

You are at least eighteen (18) years of age.
You can enter into and form a binding contract with SAMe.
You are not prohibited by law from using our Service.
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

If at any time You cease to meet these requirements, You must immediately cease use of the Service and delete Your account. This Agreement is void where prohibited.

5. LICENSE

Subject to Your compliance with the terms and conditions of this Agreement, SAMe grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the app and Service. The app, or any portion of the app, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of SAMe. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of SAMe or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

6. ACCOUNT INFORMATION; PASSWORD PROTECTION; ACCOUNT SECURITY

To participate in the Service, You must create an account (your "Account"). You represent and warrant that all information You provide in connection with Your Account and Your use of the Service is current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy.

You are entirely responsible for maintaining the confidentiality of Your username and password. You may not use Your Account, username, or password of any other Member at any time. You agree to notify SAMe immediately of any unauthorized use of Your Account, username, or password. SAMe shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge.

In certain instances, SAMe may send you a unique access code via text message or email to authenticate You before you may gain access to Your Account. Such access code is intended to be only used by You and You must not share it with anyone.

You may be held liable for any losses incurred by SAMe, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your Account.

7. PUBLIC PROFILES; MEMBER CONTENT; LICENSE TO DISPLAY CONTENT

As a Member, You will have the ability to post personal information, images, videos, and photos to Your profile; You will have the ability to transmit messages and communicate with other Members both privately and publicly through Member forums (collectively, Your "Content"). You agree that You are solely responsible for Your Content and represent and warrant that all Content posted by You is current, complete, and accurate, and that you have not misstated or embellished any statement of fact therein. You are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of "spam" messages, or otherwise violates our Prohibited Conduct section. You understand and agree that we may monitor or review any Content, but under no circumstances will SAMe be liable in any way for Your Content. If You post inappropriate Content or otherwise violate the Prohibited Conduct section, we may, in our sole discretion, remove your Content.

You are always the owner of Your Content; however, we require the following license from You to display Your Content as expressly permitted by You.

You hereby grant SAMe an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created. Additionally, you grant SAMe the right to use your name, likeness, and image for any purpose, including commercial or advertising, on or in connection with SAMe or the promotion thereof.

You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

You are responsible for Your Content and, as such, You agree to defend, indemnify, and hold harmless SAMe from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to Your Content.

8. ASSUMPTION OF RISK; INDEMNITY BY YOU

YOU KNOWINGLY AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY SAMe AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SAMe DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. SAMe ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SAMe MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. SAMe RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

SAMe DOES NOT ACCEPT RESPONSIBILITY FOR THE TRUTH OR ACCURACY OF ANY STATEMENT MADE OR POSTED BY THIRD PARTIES OR MEMBERS OF THE SERVICE. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE SAFEGUARDS WHEN CORRESPONDING WITH ANY MEMBER. IN COMMUNICATING WITH OTHER MEMBERS, YOU AGREE TO HOLD SAMe AND ITS OWNERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES AND ATTORNEY FEES, RESULTING FROM OR CAUSED BY ANY CORRESPONDENCE WITH A MEMBER. BEFORE ENGAGING IN ANY CORRESPONDENCE WITH A MEMBER, WE ENCOURAGE YOU TO VERIFY INFORMATION ABOUT MEMBERS THROUGH ADDITIONAL SOURCES.

MEMBERS THAT CHOOSE TO CREATE A PROFILE ON THE SERVICE ARE THE AUTHORS/PUBLISHERS OF THE INFORMATION CONTAINED IN THE PROFILE. SAMe IS NOT CONSIDERED THE PUBLISHER OF MEMBER PROFILE INFORMATION; WE SIMPLY PROVIDE THE SPACE FOR THE MEMBER TO CREATE A PROFILE.

9. MEMBER DISPUTES

SAMe reserves the right, but disclaims any perceived, implied, or actual duty, to monitor disputes between Members. You agree to hold SAMe harmless in connection with any dispute or claim You make against any other Member.

10. CONSENT TO RECEIVE EMAIL FROM SAMe

By registering with the app and becoming a Member, you thereby consent to receive periodic email communications regarding the Service, including activation emails. As part of registration, You may also elect to receive periodic email communications regarding special offers and other promotions (collectively, "Special Offers"). You may opt-out of receiving Special Offers at any time by (a) editing Your "Account Settings;" (b) following the unsubscribe instructions contained in each Special Offer; or (c) sending an email to info@singleapostolicsmeet.com

In the event that You complete only a portion of registration (which includes submission of Your email address), but thereafter decide to abandon or otherwise not complete Your registration with the app, SAMe may, in its sole discretion, send You an email inviting You to complete Your registration with the app.

11. CONSENT TO RECEIVE OCCASIONAL TEXT MESSAGES AND VERIFICATION CODES

Welcome to Single Apostolics Meet! By providing your phone number, you agree to receive SMS text messages for 2 factor authentication with 4-digit verification codes for account logins. You will receive occasional text messages with verification codes. Frequency varies, and msg/data rates may apply. You may cancel at any time by replying STOP.

12. CONSENT TO RECEIVE COMMUNICATIONS FROM MEMBERS

By registering with the app and becoming a Member, you thereby consent to receive electronic communications, including email, instant messages, and other communications, from other Members.

13. FEES & SUBSCRIPTIONS

Subscriptions. By using the Service and by becoming a member, you acknowledge that SAMe reserves the right to charge for the Service and has the right to terminate a Member’s membership should the Member breach this Agreement or fail to pay for the Service, as required by this Agreement.

Timing of Subscription Payments. At the time You enroll in your Subscription, You will be required to provide payment card information to pay for the Fees associated with Your Subscription. If You choose to enroll in a Subscription, You understand and agree that Your credit or debit card on file will be charged Fees for additional Subscription periods (e.g., once per month) without obtaining further permission or confirmation from You. In other words, Your Subscription renews automatically unless canceled in advance of the next payment period by You. Please pay attention to the Fees, payment terms, and disclosures provided during the order process for Your Subscription.

Changes and Cancellation. Deleting your Account or deleting the application from Your device does not cancel Your Subscription. To change or cancel a Subscription, You will need to access google play or apple account to manage billing information, cancelations or updates/changes. If You choose to change or cancel Your Subscription, this can typically be done through the platform from which You originally purchased the Subscription, such as Google Play or Apple Pay.

Changes in Subscription Fees. SAMe may find it necessary to change its Fees and reserves the right to do so in its sole discretion. We will not increase Fees without prior notice to You that is sufficient to afford you an opportunity to cancel your Account or Subscription before incurring any increased Fees.

No Refunds. Due to the nature of the Service, unless otherwise indicated at your time of checkout or in this Agreement, or as otherwise required by law, ALL SALES ARE FINAL AND THERE ARE NO REFUNDS.

14. THIRD-PARTY WEBSITES

The app and Service may include links to the websites of third parties ("Third-Party Websites"), some of whom may have established relationships with SAMe and some of whom may not. SAMe does not have control over the content and performance of Third-Party Websites. SAMe HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, SAMe DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. SAMe DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

15. PUBLIC FORUMS; RELIANCE ON THIRD-PARTY CONTENT, ADVICE, ETC.

A "Public Forum" is any area, site, or feature offered as part of the app or Service (including without limitation public profiles, discussion forums, message boards, blogs, chat rooms, emails, or instant messaging features) that enables You (a) to upload, submit, post, display, perform, distribute and/or view Content, and/or (b) to communicate, share, or exchange Content with other Members or other app visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the Content you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting the same. SAMe DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

Opinions, advice, statements, offers, or other information made available by means of the app and Service by third parties, including without limitation Members, are those of their respective authors and should not necessarily be relied on. Such authors are solely responsible for such content. SAMe DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE APP OR SERVICE; OR (II) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY A THIRD-PARTY BY MEANS OF THE APP OR SERVICE. UNDER NO CIRCUMSTANCES WILL SAMe BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP/SERVICE OR TRANSMITTED TO OR BY ANY MEMBERS.

16. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other Members or third parties as the result of Your remarks, information, feedback, or other information posted or made available on the app or Service that is deemed defamatory or otherwise legally actionable. Under the Communications Decency Act of 1996 (specifically, Section 230), SAMe is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available on the app or Service.

17. OBJECTIONABLE CONTENT

You represent and warrant that You shall not use the app or Service to upload, post, transmit, display, perform, or distribute any Content, information, or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage or threaten physical harm against another; (e) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people; (f) glamorize the use of hard-core illegal substances and drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other SAMe agreement or policy; or (i) is generally offensive or in bad taste, as determined by SAMe (collectively, "Objectionable Content"). SAMe DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR THE CONTENTS OF THE APP AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREON. Without limiting any of its other remedies, SAMe reserves the right to terminate Your use of the app and Service or Your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. In the event of such termination, You will not be entitled to any refund of fees paid. SAMe, in its sole discretion, may delete any Objectionable Content from its servers. SAMe intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

18. PROHIBITED USES

SAMe imposes certain restrictions on Your use of the app and the Service. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted, not use or publish patently offensive content or that promotes racism, bigotry, hatred or physical harm, harasses or advocates harassment, provide material that exploits any person regardless of age in a sexual or violent manner, provide information about illegal activities of any kind or nature, that involves commercial activities; (b) provide false, misleading, or inaccurate information to SAMe or any other Member; (c) impersonate, or otherwise misrepresent affiliation, connection, or association with, any person or entity; (d) create more than one unique public profile; (e) harvest or otherwise collect information about SAMe users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the app or Service for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Service, the app, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the app or Service by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (j) use the app or Service to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the app or Service; or (l) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SAMe in providing the app or Service. Any violation of this section may subject You to civil and/or criminal liability.

19. INTELLECTUAL PROPERTY

(a) Compliance with Law. You represent and warrant that, when using the app and Service, You will obey the law and respect the intellectual property rights of others. Your use of the app and Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE APP AND SERVICE. THE BURDEN OF PROVING THAT CONTENT, INFORMATION, OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.

(b) Trademarks. Single Apostolics Meet Inc and any logos or designs used in connection with the app and Service (collectively, the "SAMe Marks") are trademarks or registered trademarks of Single Apostolics Meet Inc. Other trademarks, service marks, graphics, logos, and domain names appearing on the app or Service may be the trademarks of third parties. Neither Your use of the app and Service nor this Agreement grants You any right, title, or interest in or to, or any license to reproduce or otherwise use, the SAMe Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the SAMe Marks generated as a result of Your use of the app and Service will inure to the benefit of Single Apostolics Meet Inc, and You agree to assign, and hereby do assign, all such goodwill to Single Apostolics Meet Inc. You shall not at any time, nor shall You assist others to, challenge Single Apostolics Meet Inc’s right, title, or interest in or to, or the validity of, the SAMe Marks.

(c) Copyrighted Materials; Copyright Notice. All content and other materials, with the exception of Member Content, available through the app and Service, including without limitation the Single Apostolics Meet Inc logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Single Apostolics Meet Inc or are the property of SAMe’s licensors and suppliers. Except as explicitly provided, neither Your use of the app and Service nor this Agreement grants You any right, title, or interest in or to any such materials. Copyright © 2024, Single Apostolics Meet Inc. ALL RIGHTS RESERVED.

(d) DMCA Policy. As SAMe asks others to respect SAMe’s intellectual property rights, SAMe respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SAMe to delete, edit, or disable the material in question, you must provide SAMe with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SAMe to locate the material; (d) information reasonably sufficient to permit SAMe to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SAMe’s designated agent at:

SAMe will respond to all DMCA-compliant infringement notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

20. DISCLAIMERS; LIMITATION OF LIABILITY

(a) NO WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, SAMe, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMe, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER SAMe NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE APP OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. NEITHER SAMe NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY FOR YOUR USE OF THE APP OR SERVICE. SAMe DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE APP AND SERVICE PURSUANT TO THIS AGREEMENT.

(b) LOSS OF DATA. YOU AGREE THAT YOUR USE OF THE APP AND SERVICE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SAMe OR ITS LICENSORS AND SUPPLIERS RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APP OR SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACK UP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.

(c) LIMITATION OF LIABILITY. THE LIABILITY OF SAMe AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMe OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO SAMe OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE MAXIMUM LIABILITY OF SAMe AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL NOT EXCEED $25. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SAMe AND YOU. THE APP AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

(d) APPLICATION OF DISCLAIMERS. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND SAMe OR BETWEEN YOU AND ANY OF SAMe’S ITS LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SAMe’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

21. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the app and Service will be in accordance with this Agreement and any other SAMe policies, and with any applicable laws or regulations, including without limitation, United States export control laws. You further represent and warrant that You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department’s Table of Deny Orders.

22. INDEMNITY BY YOU

Without limiting any indemnification provision of this Agreement, You agree to defend, indemnify, and hold harmless SAMe and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the app or Service; or (iii) Your provision to SAMe or any of the Indemnified Parties of information or other data.

The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.

23. DISPUTE RESOLUTION

This section governs any dispute between You and SAMe, and how that dispute will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between SAMe and YOU, and not to disputes between You and any other Member.

(a) Governing Law and Venue. The app, Service, and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Montgomery County, Texas and shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE APP, SERVICE, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

(b) Requirement of Arbitration. If you and SAMe cannot resolve a dispute or other claim through negotiations, You agree that any dispute, of any nature whatsoever, between You and SAMe arising out of or relating to the app, Service, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Montgomery County, Texas unless You and SAMe mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of Texas and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee and reasonable attorney’s fees) to the prevailing party. You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

(c) No Class Actions Allowed. You and SAMe agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that You cannot participate in any sort of representative proceeding against SAMe, including as a plaintiff or class member in any purported class action.

(d) Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude You or SAMe from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or SAMe from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. The proper venue for any action permitted under this subsection regarding "equitable relief" will be the federal and state courts located in Montgomery County, Texas; the parties hereby waive any objection to the venue and personal jurisdiction of such courts.

24. TERMINATION

(a) By SAMe. SAMe may, in its sole discretion, terminate your Account, delete your profile, delete your Content, and/or prohibit you from using or accessing the Service at any time and without prior notice.

(b) Automatic Termination Upon Breach By You. This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any further notice or action by SAMe.

(c) By You. You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to SAMe notice of Your intention to do so, in the manner required by this Agreement.

(d) Effect of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the app and Service. Upon termination, SAMe may, but has no obligation to, in SAMe’s sole discretion, delete from SAMe’s systems all Your Content, Your personal information, and any other files or information that You made available to SAMe or that otherwise relate to Your use of the app or Service. Subsequent to termination, SAMe reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the app and Service, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.

(f) Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 7-12 and 18-24 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed SAMe.

25. GENERAL

(a) Entire Agreement. This Agreement constitutes the entire agreement between SAMe and You concerning Your use of the app and Service.

(b) Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a court of competent jurisdiction to be invalid, void, or unenforceable.

(c) No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

(d) Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of SAMe. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

(e) Independent Contractors. You and SAMe are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

(f) Third-Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

(g) Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

By creating an account, you hereby affirm and acknowledge that you have read and understood this Agreement and agree to all its provisions.