California subscribers: You shall cancel your subscription, without financial penalty or obligation, at any time prior to midnight of the (3rd) third day
following the date you subscribed. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External
Service, as set forth in more detail in Section 8a. If you subscribed through your Apple ID, refunds are handled by Apple, not Not-Vaxed.us. You can request
a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. All other users may request a refund by contacting
Not-Vaxed.us Customer Service at (941)706-8126 or by email refunds@not-vaxed.us or the buyer, are canceling this agreement, or words of similar effect.
Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account.
This notice shall be sent to: Not-Vaxed.us, Attn: Cancellations, 319 Beaver St North Adams, Ma 01247, USA. The Company’s business is conducted, in part,
at 319 Beaver St North Adams, Ma 01247. You may have these Terms of Use (“Terms”) emailed to you by sending a letter to Terms
Inquiries, 319 Beaver St North Adams, Ma 01247, USA. In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information
Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
We have provided brief summaries at the beginning of each section hoping to make it easier for you to read and understand this agreement. The summaries
do not replace the text of each section, Also you should still read each section in its entirety.
1. INTRODUCTION
By accessing or using Not-Vaxed.us’s Services, you agree to be bound this Terms of Use Agreement (the “Terms” or “Agreement”), including our Privacy
Policy, Cookie Policy, Community Guidelines, and “Personal Safety Tips”, so it is important that you read this Agreement and these policies and
procedures carefully before you create an account.
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN ALL THE SECTIONS BELOW. THEY DETERMINE THE MANNER IN WHICH ALL CLAIMS WILL BE ADDRESSED BETWEEN
YOU AND Not-Vaxed.us. THESE PROVISIONS INCLUDE A OPTIONAL PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS
COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER THAT MAY AFFECT YOUR RIGHTS.
IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
We may update these Terms from time to time, so check this page regularly for updates, to stay ingformed.
Welcome to Not-Vaxed.us, operated by Marciano Entertainment Tecnology of America Technology (“Marciano Entertainment Tecnology of America Technology”) for users located in the European Union (“EU”), European Economic
Area (“EEA”), the United Kingdom (“UK”), or Switzerland, and operated by Not-vaxed.us Media ULC for all other users. As used in this Agreement,
the terms “Not-Vaxed.us,” “us,” “we,” the “Company”, and “our” shall refer to Not-vaxed.us Media ULC and/or Marciano Entertainment Tecnology of America Technology Services Limited, as appropriate.
Together you and Not-Vaxed.us may be referred to as the “Parties” or separately as “Party.”
By accessing or using our Services on Not-Vaxed.us.com (the “Website”), or any other platforms or services Not-Vaxed.us may
offer “collectively, the (Services) or our (Service)”, you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses
or uses our Services, regardless of registration or subscription status.
No-vaxed.us has sole discretion of its member base and has all legal right to deny anyone access and use of its services at any time.
Anyone who is found to have entered the site after being denied by using false info or true info as to thier Identity is subject to prosecution by
digital trespassing and theft by deception. Not-Vaxed.us will prosecute without hessitation for such infractions.
Your access and use of our Services is also subject to the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and any terms
disclosed and agreed to by you when you purchase additional features, products, or services from Not-Vaxed.us (“Additional Terms Upon Purchase”), which
are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
We reserve ALL rights to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated
effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for
regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and
as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our
Services immediately.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
Before you create an account on Not-Vaxed.us, make sure you are eligible to use our Services. This Section also details what you can and can’t do when
using the Services, as well as the rights you grant Not-Vaxed.us.
You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and
warrant that:
You are at least 18 years old;
You have not taken or received in any way the Covid-19 Vaccines there were many so we dont have the list as to thier names. if you lived in a country
where it was mandatory then you are prohibited from joining.
You are legally qualified to enter a binding contract with Not-Vaxed.us;
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country;
You are not on any list of individuals prohibited from conducting business with the United States;
You are not prohibited by law from using our Services;
You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any
Human trafficking, crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined
that you are not likely to pose a threat to other users of our Services;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written
permission to create a new account.
Same Sex is not permited on our site and is not permitted under our set guidelines.
MAP (Minor Attracted persons) is not permitted to use our services. We do not care what Gov Agency says this is acceptable its immoral and not in any way Acceptable.
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must
immediately delete your account.
You agree to:
Comply with these Terms, and check this page from time to time to ensure you are aware of any change;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Website
Treat other users in a courteous and respectful manner, both on and off our Services Phishing gets you banned ASAP, Stalking gets you Banned and prosecuted;
Be respectful when communicating with any of our customer care representatives or other employees;
Review the Safety Tips;
Review and comply with the Community Guidelines, as updated from time to time; and
Maintain a strong password and take reasonable measures to protect the security of your login information.
You agree that you will not:
Not be in a legal relationship such as marriage.
Have any convictions of Child rape, Rape, Stalking, Harrassment and Drug dealing.
Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money
laundering or other financial crimes;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another
0r (Allow anyone to use your info for the purpose of gainging other member information.)
person’s personal information without his or her permission;
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
Use another user’s account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
Violate the terms of the license granted to you by Not-Vaxed.us (see Section 6 below).
Disclose private or proprietary information that you do not have the right to disclose;
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images,
trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without
Not-Vaxed.us’s prior written consent;
Express or imply that any statements you make are endorsed by Not-Vaxed.us;
Use any robot(s), bot(s), crawler(s), site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index,
“data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload , or distribute digital or physical viruses or other malicious code or otherwises or compromises the security of our Services;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
“Frame” or “mirror” any part of our Services without Not-Vaxed.us’s prior written authorization;
Use meta tags or code or other devices containing any reference to Not-Vaxed.us or the platform (or any trademark, trade name, service mark, logo or slogan
of Not-Vaxed.us) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause
others to do so;
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
Use, access, or publish the Not-Vaxed.us application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activity that violates these Terms; or
Create a new account after we suspend or terminate your account, unless you receive our express permission.
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any
of the above.
Prohibited Content – Not-Vaxed.us prohibits uploading or sharing content that:
Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself
constitutes committing a criminal offense;
Is defamatory, libelous, or untrue;
INTRAPMENT.
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar
daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
Involves the transmission of “junk” mail or “spam”;
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality
of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to
damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Not-Vaxed.us or otherwise;
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
Was not written by you or was automatically generated, unless expressly authorized by Not-Vaxed.us;
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is
an image or likeness of a minor unaccompanied by the minor’s parent or guardian—for the avoidance of doubt, Not-Vaxed.us does not allow any minors in photos,
and any photo including a minor will be removed;
Is inconsistent with the intended use of the Services; or
May harm the reputation of Not-Vaxed.us or its affiliates.
The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your
account.
X CONTENT
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide
or post. You are expressly prohibited from posting inappropriate content.
pimping & PROSTITUTION= prosecution
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content
that other users upload or provide while using our Services (“Member Content”); and (iii) content that Not-Vaxed.us provides on and through our Services
(“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services,
including information on users’ profiles and in direct messages between users.
Xa. YOUR CONTENT
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may
expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any
claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through
Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
Not-Vaxed.us is not a political Arena there for it is highly reccomended you do not post photos of political parties or political affiliations,
we are a who we are not what we are community, Same goes for Race and Ethicity.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact
or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email
addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users,
you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post.
You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with
third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically
grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access
to any of Your Content at any time in our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review
Your Content.
Xb. MEMBER CONTENT
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by
these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and
displayed at the direction of that user.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Not-Vaxed.us, you may only use Member Content to the extent
that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content
or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if
you misuse Member Content.
Xc. OUR CONTENT
Not-Vaxed.us owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our
Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights,
title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
Y. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING
Not-Vaxed.us does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful Not-Vaxed.us community, and we do not tolerate any inappropriate content or misconduct, whether on
or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member
Content or misconduct by other users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging
experience. You may also email Not-Vaxed.us Customer Service at csr@Not-Vaxed.us.com.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions
if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services (such as Tinder, OkCupid, Match,
Meetic, BlackPeopleMeet, LoveScout24, OurTime, Pairs, ParPerfeito, and Twoo; for more details, click here), and/or preventing you from creating new
accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety
or privacy of our other users.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a
complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
Z. PRIVACY
Privacy is important to us. We have a separate policy about it that you should read.
For information about how Not-Vaxed.us and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services,
you agree that we may use your personal data in accordance with our Privacy Policy.
10. RIGHTS YOU ARE GRANTED BY Not-Vaxed.us
Not-Vaxed.us grants you the right to use and enjoy our Services, subject to All of these Terms we hope it doesnt take you as long to eread as it did to write them.
For as long as you comply with these Terms, Not-Vaxed.us grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and
non-sublicensable license to access and use our Services for purposes as intended by Not-Vaxed.us and permitted by these Terms and applicable laws. This
license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
11. RIGHTS YOU GRANT Not-Vaxed.us
You own all of the content you provide to Not-Vaxed.us, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Not-Vaxed.us a worldwide, perpetual, transferable, sub- licensable, royalty-free right and license to host, store,
use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise
make available to the general public Your Content, including any information you authorize us to access from Facebook or other third- party
sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Not-Vaxed.us’s
license to Your Content shall be non-exclusive, except that Not-Vaxed.us’s license shall be exclusive with respect to derivative works created through use
of our Services. For example, Not-Vaxed.us would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Not-Vaxed.us can prevent the use of Your Content outside of our Services, you authorize Not-Vaxed.us to act on your behalf with respect to
infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the
obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used
by third parties outside of our Services. Not-Vaxed.us is not obligated to take any action with regard to use of Your Content by other users or third
parties. Not-Vaxed.us’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to
the extent the content contains personal information as defined by those laws).
In consideration for Not-Vaxed.us allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising
on our Services. By submitting suggestions or feedback to Not-Vaxed.us regarding our Services, you agree that Not-Vaxed.us may use and share such feedback for any
purpose without compensating you.
You agree that Not-Vaxed.us may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good
faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect
the rights, property or personal safety of the Company or any other person.
12. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase products and services from Not-Vaxed.us. If you purchase a subscription, it will automatically renew – and you
will be charged – until you cancel.
Not-Vaxed.us may offer products and services for purchase through iTunes, Google Play, or other external services authorized by Not-Vaxed.us (each, an “External
Service,” and any purchases made thereon, an “External Service Purchase”). Not-Vaxed.us may also offer products and services for purchase via credit card
or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew
until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription,
you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish
to fully terminate your membership, you must terminate your membership as set forth in Section 9.
Not-Vaxed.us operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on
region, length of subscription, bundle size and more. We also regularly test new features and payment options.
12a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed
through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account
(“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to
you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax,
depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically
charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period,
the subscription will automatically continue for the price and time period you agreed to when subscribing.
To renew a subscription: If you do not want your subscription to renew automatically, or if you want to change or renew your subscription,
you must email us at renewals@notvaxed.us to manage or cancel your subscription, even if you have otherwise deleted, deleting your acvcount removes any rights to
rates previously offered, and makes your services subject to current rates, this excludes rates and offers offered to new members.
your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled
by Apple, not Not-Vaxed.us. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID >
Subscriptions, then find your Not-Vaxed.us subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google
Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Not-Vaxed.us subscription and follow the instructions to cancel. You
can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end
of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Not-Vaxed.us may terminate your account immediately in
its sole discretion, on the basis that you have determined that you do not want a Not-Vaxed.us subscription. In the event that your chargeback or other
payment reversal is overturned, please contact Customer Care. Not-Vaxed.us will retain all funds charged to your External Service Account until you cancel
your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8d below for more
information.
12b. INTERNAL PURCHASES AND SUBSCRIPTIONS
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically
renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes
that may be imposed on your payments (and as may change from time to time), and you authorize Not-Vaxed.us to charge the payment method you provide (your
“Payment Method”). Not-Vaxed.us may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback
or otherwise reverse a payment made with your Payment Method, Not-Vaxed.us may terminate your account immediately in its sole discretion, on the basis that
you have determined that you do not want a Not-Vaxed.us subscription. In the event that your chargeback or other payment reversal is overturned, please
contact Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the
subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your
subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you may continue to use the
cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not
successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us
to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your
credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and
the financial institution, credit card issuer, or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree
that your payment to Not-Vaxed.us may be through Marciano Entertainment Tecnology of America Technology Services Limited, and if you reside in the United States, that your payment to Not-Vaxed.us may be
through Not-vaxed.us Media LLC. Certain users may be entitled to request a refund. See Section 8d below for more information.
8c. VIRTUAL ITEMS
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non- transferable, non-sublicensable, revocable license to use
or access special limited- use features including but not limited to tokens that are redeemable for other virtual items, such as Super Yes and
Highlight,” (“Virtual Item(s)”) from Not-Vaxed.us. You may only purchase Virtual Items from us or our authorized partners through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or
ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual
Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a
measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will
terminate in accordance with the terms of this Agreement, on the earlier of when Not-Vaxed.us ceases providing our Services, or your account is otherwise
closed or terminated.
Not-Vaxed.us, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items
with or without charge. Not-Vaxed.us may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may
impact the perceived value or purchase price, if applicable, of any Virtual Items. Not-Vaxed.us shall have no liability to you or any third party in the
event that Not-Vaxed.us exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer
Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT Not-Vaxed.us IS NOT REQUIRED
TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED,
WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8d. REFUNDS
Generally, all purchases are nonrefundable. Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York,
North Carolina, Ohio, Rhode Island, Wisconsin, and the EU, EEA, UK, and Switzerland.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable
in your jurisdiction provide for refunds.
For subscribers residing in the EU, EEA, UK, and Switzerland:
In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day
period commences when the subscription starts.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island,
and Wisconsin:
Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day
following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund
of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become
disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion
of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the
same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Not-Vaxed.us. To request a refund,
please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID]
> View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com.
For any other purchase, please contact Not-Vaxed.us Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and
dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or
telephone number associated with your account along with your order number. This notice shall be sent to: Not-Vaxed.us, Attn: Cancellations,
319 Beaver St North, Adams, ma 01247, USA (California and Ohio users may also email us at csr@Not-Vaxed.us.com or send a we do not use facimiles contact us via mail or email.
If you mail us and you want it cancelled we will cancel based on the post mark on the envelope. If you use the service in the time from the cancel til the time we receive it,
so be it we will still cancel it on the post mark date as of Midnight that date.
13. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.
You can delete your account at any time by logging into the Website or App, going to “Help”, clicking “Delete account”, and following the instructions
to cancel your membership. However, you will need to cancel / manage any External Service Purchases through your External Service Account
(e.g., iTunes, Google Play) to avoid additional billing.
Not-Vaxed.us reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Not-Vaxed.us believes that you have violated
these Terms, misused our Services, or behaved in a way that Not-Vaxed.us regards as inappropriate or unlawful, on or off our Services. We reserve the right to
make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the
obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by Not-Vaxed.us for any reason, these Terms continue and remain enforceable between you and Not-Vaxed.us, and you will not
be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
14. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
Not-Vaxed.us does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and
review our Safety Tips.
YOU UNDERSTAND THAT Not-Vaxed.us DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND
OF ITS USERS. Not-Vaxed.us MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. Not-Vaxed.us RESERVES
THE RIGHT TO CONDUCT – AND YOU AUTHORIZE Not-Vaxed.us TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES)
AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO
CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO
DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE
NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY
PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT
BY Not-Vaxed.us, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Not-Vaxed.us strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree
to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
15. Not-Vaxed.us DISCLAIMER
Not-Vaxed.us’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
Not-Vaxed.us PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Not-Vaxed.us DOES
NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL
BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR
YOUR PURPOSES. FURTHERMORE, Not-Vaxed.us MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH
OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
Not-Vaxed.us ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES
Not-Vaxed.us ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH Not-Vaxed.us.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Not-Vaxed.us IS NOT RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY
SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
16. DIGITAL MILLENNIUM COPYRIGHT ACT
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
Not-Vaxed.us has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you
believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement
(“DMCA Takedown Notice”) including the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled
and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an
electronic mail;
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
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to copyright@match.com, by phone to 214-576-3272 or via mail to the following address: Copyright Compliance
Department c/o Match Group Legal, 8750 N. Central Expressway, Dallas, Texas 75231.
Not-Vaxed.us will terminate the accounts of repeat infringers.
17. ADS AND THIRD-PARTY CONTENT
Like many subscription-based services, there are ads on our websites.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Not-Vaxed.us may also provide
non-commercial links or references to third parties within its content. Not-Vaxed.us is not responsible for the availability (or lack of availability) of
any external websites or resources or their content. Furthermore, Not-Vaxed.us is not responsible for, and does not endorse, any products or services
that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services,
such party’s terms will govern their relationship with you. Not-Vaxed.us is not responsible or liable for such third parties’ terms or actions.
18. LIMITATION OF LIABILITY
Not-Vaxed.us’s liability is limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Not-Vaxed.us, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS
TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR
AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Not-Vaxed.us HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Not-Vaxed.us’S AGGREGATE LIABILITY
TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Not-Vaxed.us FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST Not-Vaxed.us, WHETHER STATUTORY,
IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND
UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS,
PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET
FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION
MAY NOT APPLY TO YOU.
19. DISPUTE RESOLUTION SECTION
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction, including
Subsections 15b, 15c, 15d, and 15e, which shall not apply to users residing within the EU, EEA, UK, or Switzerland. The online dispute settlement
platform of the European Commission is available under http://ec.europa.eu/odr. Not-Vaxed.us does not take part in dispute settlement procedures in front
of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland.
19a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, please contact Not-Vaxed.us Customer Service first so we can try to resolve your concerns without
the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Not-Vaxed.us, these terms will apply. For purposes of this
Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “Not-Vaxed.us” shall include our affiliates, employees, licensors, and
service providers.
Not-Vaxed.us values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before
formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Match Group Legal,
P.O. Box 25458, Dallas, Texas 75225, USA. If Not-Vaxed.us has a Dispute with you, Not-Vaxed.us agrees to first send a Notice to you at your most recent email
address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain
all of the following information: (1) your full name; (2) information that enables Not-Vaxed.us to identify your account, including a picture or screenshot
of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed
description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation
of your alleged damages (if any). You must personally sign this Notice for it to be effective. Not-Vaxed.us’s Notice must likewise set forth a detailed
description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding
calculation of our damages (if any). You and Not-Vaxed.us agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good
faith negotiations, if Not-Vaxed.us requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your
attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss Not-Vaxed.us’s Dispute with you, Not-Vaxed.us agrees to
have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved
within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal
dispute resolution time period, you or Not-Vaxed.us may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure
to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Not-Vaxed.us engage in this
informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation (“NAM”),
shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand
for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of
competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.
19b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND Not-Vaxed.us EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF
INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). YOU AND Not-Vaxed.us EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION
AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST Not-Vaxed.us. TO THE FULLEST EXTENT ALLOWABLE
BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED,
OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL
RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS
NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE
PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF),
AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE FINAL, THEN YOU AND Not-Vaxed.us AGREE THAT THAT PARTICULAR CLAIM OR REQUEST
FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF
THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE
INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
19c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any dispute, claim, or controversy between you and Not-Vaxed.us (that is not resolved informally by Not-Vaxed.us Customer Service or as provided under subsection 15a
above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship
with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise
in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose
before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this
Agreement. Notwithstanding the foregoing, either you or Not-Vaxed.us may elect to have an individual claim heard in small claims court. If the request to
proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall
be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other
issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability
of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed.
If you or Not-Vaxed.us challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims
court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination
shall not be considered or deemed binding with respect to Not-Vaxed.us’s other contracting parties.
Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award,
must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any
litigation against Not-Vaxed.us (except for small claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas.
You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts
constitute an inconvenient forum.
19d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to Disputes that are submitted to NAM after fully completing the informal Notice and Dispute resolution process described
in subsection 15a above and when no small claims court election is made by either Party. Any arbitration between you and Not-Vaxed.us shall be administered
by NAM in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand
for arbitration is filed with NAM, as modified by this Dispute Resolution Section 15. For a copy of the NAM Rules, please visit
https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City,
NY 11530 and email address commercial@namadr.com. If NAM is unable or unwilling to perform its duties under this Agreement, the parties shall
mutually agree on an alternative administrator that will replace NAM and assume NAM’s role consistent with this Agreement. If the parties are
unable to agree, they will petition a court of competent jurisdiction to appoint an administrator that will assume NAM’s duties under this
Agreement.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section:
Commencing an Arbitration – To initiate an arbitration, you or Not-Vaxed.us shall send to NAM a demand for arbitration (“Demand for Arbitration”) that
describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand
for Arbitration, you shall also send it to Not-Vaxed.us at Match Group Legal, P.O. Box 25458, Dallas, Texas 75225, USA, within 10 days of delivery of the
Demand for Arbitration to NAM. If Not-Vaxed.us sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the
same 10-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file,
other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and
shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute
Resolution Section 15 or if either Party elects small claims court as set forth above.
Fees – The payment of all fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below)
or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination
that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is
otherwise permitted under applicable law. Upon a showing to Not-Vaxed.us of your financial hardship we will consider a good faith request made by you to
pay your portion of the applicable consumer portion of the filing fee. Not-Vaxed.us is committed to ensuring that arbitration costs to consumers do not
serve as a barrier to the adjudication of disputes. If Not-Vaxed.us initiates an arbitration against you, we shall pay all fees.
The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator
appointed under NAM Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either
Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In
the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application
of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would
result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent
necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance
of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral
evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s
appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary
hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
Discovery – Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other
Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other
forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after
the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses
signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests,
or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party
requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended
until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. Any disputes about discovery or requests for extensions
shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery dispute or extension request, the Claim Arbitrator
shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved
in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim
or defense.
Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed
during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding
to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
Arbitration Hearing – You and Not-Vaxed.us are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are
usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and
instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless
a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties
must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing.
Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a
default judgment taken against that Party.
Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days
after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify
the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Not-Vaxed.us
and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however,
choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM
Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award
fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of
harassment, or in bad faith.
Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the
evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement
offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the
opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay
the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or caselaw prohibits the flipping
of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be
entitled to for the cause of action under which it is suing.
Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against Not-Vaxed.us or related parties by the same or coordinated
counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM’s Mass Filing Supplemental
Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/), the additional
protocols set forth below shall apply.
i. If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your
Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the
adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases
are chosen to proceed until your case is chosen for a bellwether proceeding.
ii. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution
Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or Not-Vaxed.us in writing
and submitted to NAM and all Parties.
iii. Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes
involving similar claims against the same or related parties. Counsel for the Mass Filings claimants (including you) and counsel for Not-Vaxed.us shall
each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations shall be filed, processed, adjudicated, or pending at the same
time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator, in a first set of bellwether proceedings. During
this time, no other Demands for arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending. If the Parties are
unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then
counsel for the Claimants and counsel for Not-Vaxed.us shall each select an additional 15 Demands for Arbitration (30) total to be filed, processed, and
adjudicated as individual arbitrations, with each of the 30 arbitrations presided over by a different Claim Arbitrator, in a second set of bellwether
proceedings. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated. This
staged process of bellwether proceedings, with each set including 30 Demands for Arbitration adjudicated on an individual basis, shall continue
until each Demand included in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise resolved. Fees associated with
a Demand for Arbitration included in the Mass Filings, including fees owed by Not-Vaxed.us and the claimants (including you), shall only be due after your
Demand for Arbitration is chosen as part of a set of bellwether proceedings and therefore properly designated for filing, processing, and adjudication.
Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a
of the Agreement, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed,
your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. A court of competent jurisdiction located
in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.
iv. You and Not-Vaxed.us agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process
for the fair resolution of genuine and sincere disputes between us. You and Not-Vaxed.us acknowledge and agree to act in good faith to ensure the fair
resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably
designed to result in an efficient and fair adjudication of such cases.
19e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or Not-Vaxed.us prior to
the time of your consent to this Agreement and to any claims that accrue against you or Not-Vaxed.us after your consent to this Agreement. Notwithstanding
any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as
to claims that have accrued against you or against Not-Vaxed.us prior to the time of your consent to this Agreement. You may opt out by sending us written
notice, within 30 days of the time you consent to this Agreement, to the following email address: OptOut@Not-Vaxed.us.com. Please do not direct any customer
support inquiries OptOut@Not-Vaxed.us.com, as they will not be addressed; such inquiries should be directed to Customer Service at csr@Not-Vaxed.us.com. You must
include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should
include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of
the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and
Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections.
Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against
you or Not-Vaxed.us after your consent to this Agreement in accordance with this Dispute Resolution Section.
20. GOVERNING LAW
Texas law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
To the fullest extent allowable by law, the laws of Texas, U.S.A., without regard to its conflict of laws rules, shall apply to any Dispute arising
out of or relating to this Agreement or our Services. For the avoidance of doubt, for users residing outside of the United States, the choice of
Texas governing law shall not supersede any mandatory consumer protection legislation in the jurisdiction where you resided at the time you accepted
this Agreement. Notwithstanding the foregoing, the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration
Act.
21. VENUE/FORUM SELECTION
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Dallas County, Texas (except for claims
filed in small claims court, or for users residing in the EU, EEA, UK or Switzerland or another jurisdiction where prohibited by law).
Except where prohibited by law, including for users residing in the EU, EEA, UK or Switzerland, who may bring claims in their country of residence
in accordance with applicable law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out
of or relating to this Agreement, to our Services, or to your relationship with Not-Vaxed.us that for whatever reason are not required to be arbitrated or
filed in small claims court, will be litigated exclusively in the federal or state courts located in Dallas County, Texas, U.S.A. You and Not-Vaxed.us consent
to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
22. INDEMNITY BY YOU
You agree to indemnify Not-Vaxed.us if a claim is made against Not-Vaxed.us due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Not-Vaxed.us, our affiliates, and their and our respective
officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and
expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your
conduct toward other users, or your breach of this Agreement.
26. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend
from time to time, (ii) our Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips (iii) any Additional Terms Upon Purchase. If you do
not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the
entities or persons referred to any require.
29. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines, and Safety Tips, and any Additional Terms Upon Purchase, contain the
entire agreement between you and Not-Vaxed.us regarding the use of our Services. The Terms supersede all previous agreements, representations, and
arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder
of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision. You agree that your Not-Vaxed.us account is non-transferable and all of your rights to your
account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special
relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Not-Vaxed.us in any manner.
35. SPECIAL STATE TERMS
Special terms apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island,
and Wisconsin
For subscribers residing in New York:
The Services do not guarantee any number of “referrals” – rather, the functionality of the Services is such that the subscriber can view as
many profiles as he/she would like;
Upon notice in writing and delivered to Match Group Legal, 319 Beaver St North Adams, Ma 01247, USA, subscribers may place their subscription
on hold for up to one year;
How your information is used and how you may access your information is set forth in our Privacy Policy;
You may review the New York Dating Service Consumer Bill of Rights here;
For subscribers residing in North Carolina:
You may review the North Carolina Buyer’s Rights here.
For subscribers residing in Illinois, New York, North Carolina, and Ohio:
Our Services are widely available in the United States – if you believe that you have moved outside a location where we provide the Services,
please contact us in writing delivered to Match Group Legal, 319 Beaver St North Adams, Ma 01247, USA, and we will work with you to provide
alternative services or a refund.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island,
and Wisconsin:
Your Right to Cancel – You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day
following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund
of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become
disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that
portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice
in the same manner as you request a refund as described above in Section 8.
Not-Vaxed.us Supplemental Terms of Use (LIVE!)
Effective: October 20, 2019
These Supplemental Terms of Use supplement and are in addition to the Terms of Use Agreement that you have already agreed to as a Not-Vaxed.us user, and apply
only to your use of the Not-Vaxed.us LIVE! service (the “LIVE! Services”). In addition to these Supplemental Terms of Use, your use of the LIVE! Services are
governed by the Not-Vaxed.us Terms of Use Agreement (including, but not limited to, as a component of the “Services”), the Not-Vaxed.us Privacy
Policy, the Not-Vaxed.us Community Guidelines, and the MeetMe Terms and Conditions and Privacy Policy, we reserve the right to modify, amend, or
change the Supplemental Terms of Use at any time.
You understand and agree that the LIVE! Services will be provided by The Meet Group, Inc., and that by accessing the LIVE! Services you will be viewing
content that may be provided by either a Not-Vaxed.us or Meet Group user, and that your content may be viewed by either a Not-Vaxed.us or Meet Group
user.
You understand and agree that the Meet Group, Inc. will act as the provider of the services and as the controller of any data or content that you
provide or generate through the LIVE! Services, and as such, except for the purchases made through Not-Vaxed.us, you understand and agree Not-Vaxed.us will not be
liable to you in any way, under any theory of liability, or for any amounts, and any such liability will be governed by the MeetMe Terms and
Conditions and Privacy Policy.
Because the LIVE! Services are hosted separately, certain of your settings in Not-Vaxed.us may not transfer over to the LIVE! Services. For example, hiding
your profile in Not-Vaxed.us will not hide your profile on the LIVE! Services, and after hiding your profile on Not-Vaxed.us you may continue to be displayed on
leaderboards on the LIVE! Services, or when you use the LIVE! Services for viewing or streaming.
From time to time, as part of the LIVE! Services, you may have the opportunity to buy “Live Credits”. For the avoidance of doubt, such Live Credits
are “Virtual Items” as set forth in Section 8(c) of the Not-Vaxed.us Terms of Use Agreement. The Live Credits are usable only on the LIVE!
Services, and are not usable on the Not-Vaxed.us platform. Use of the Live Credits is expressly subject to the Gifts section of the MeetMe Terms and
Conditions and Privacy Policy. ALL PURCHASES OF THE LIVE CREDITS ARE FINAL AND NON-REFUNDABLE. UNUSED LIVE CREDITS EXPIRE 180 DAYS FROM THE DATE
OF PURCHASE.
To the extent that you receive gifts as part of your use of the LIVE! Services, the receipt of such gifts and the ability to cash out such gifts are
governed exclusively by the MeetMe Terms and Conditions and Privacy Policy; for the avoidance of doubt, you agree to look solely to The Meet Group,
Inc. to resolve any and all issues surrounding your receipt or cash out of any gifts received.