Last Updated: July 16, 2015
● Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users” or “Users” or “Members”).
● This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 “Agreement to Arbitrate”) no later than 30 days after the date you accept these Terms for the first time. Unless you opt out: (1) you will only be permitted to pursue claims against SuccessfulContacts.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
For purposes of these Terms, and except to the extent expressly excluded below, the “Site” shall mean SuccessfulContacts.com and any other websites, web pages, mobile applications and mobile websites operated by SuccessfulContacts.com (“SuccessfulContacts.com” or “we”) in the United States and the “Services” shall mean any of the various services that SuccessfulContacts.com provides through the Site or any other channels, including without limitation, over the telephone. The “Site” and “Services” also include certain sites and services offered through SuccessfulContacts.com’s subsidiaries to the extent explicitly described in these Terms.
However, the terms “Site” and “Services” do not include or involve the following:
● Websites, web pages, mobile applications and mobile websites (and services offered through such channels) operated by SuccessfulContacts.com’s other subsidiaries, the sites and services offered by such other subsidiaries are subject to separate terms to which users of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant mobile applications.
● Websites, web pages, mobile applications, and mobile websites (and services offered through such channels) operated by SuccessfulContacts.com which have separate terms of service that do not expressly incorporate these Terms by reference. The sites and services offered by SuccessfulContacts.com via such channels are subject to separate terms to which a user of such sites and services must separately agree and that can be found on their respective sites and/or service materials or within the relevant mobile applications.
● Third-party entities that may use the SuccessfulContacts.com Site or Services. Such entities use of the SuccessfulContacts.com Site and Services are subject to separate terms to which those entities agreed upon registering with SuccessfulContacts.com.
6. Links to External Sites
7. Payment and Refund Policy
8. Release of Liability for Conduct and Disputes
9. Age Restrictions
10. Disclaimers; Limitations; Waivers; and Indemnification
11. Copyright Notices/Complaints
12. Agreement to Arbitrate
13. Governing Law and Venue
15. Contact Information
1. Description of Services; Limitations; User Responsibilities
1.1 About Our Services
1. SuccessfulContacts.com offers various Services to help its users find, coordinate, and maintain quality care. The Services we offer include, among others:
■ We enable individuals seeking child care (each “Care Seekers”) to post jobs on the Site, and we enable individuals and entities who provide care services (“Care Providers”) to post profiles on the Site and apply to jobs.
■ We provide search functionality on the Site to allow Care Seekers and individual Care Providers to narrow the pool of Care Seekers or Care Providers they are interested in meeting based on their needs and preferences, and we provide a communications platform that allows Care Seekers and Care Providers to communicate without sharing contact information.
■ We provide tools and information to help Care Seekers and Care Providers make more informed decisions.
■ The Site enables Registered Users to communicate and share information with other Registered Users who share a common interest or bond.
■ We offer a service that facilitates the payment by Care Seekers to Care Providers via credit card, debit card, or by barter of time or service.
2. Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
1.2. Limitations of our Services
We offer a variety of Services to help our users find, coordinate, and maintain care for their families. However, we do not employ any Care Providers. Except as set forth below, Care Seekers are the potential employers of Care Providers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws we do not have control over the quality, timing, or legality of the services actually delivered by Care Providers, or of the integrity, responsibility or actions of Care Seekers or Care Providers and we neither refer or recommend Care Seekers or Care Providers nor make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers whether in public, private or offline interactions.
Through our Services, we may provide families with a customized list of potential individuals, companies and/or agencies to consider based on the information the family provides us regarding their and their loved one’s needs and preferences. In providing these services, neither we, or our respective employees are making a referral to, or endorsing, any individual, company or agency nor are we or Care Concierge providing any medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license.
Care Seeker and Care Provider content is primarily user generated, and we do not control or vet user generated content for accuracy. SuccessfulContacts.com does not assume any responsibility for the accuracy or reliability of any information provided by Care Providers or Care Seekers on or off this Site. We may offer certain Registered Users the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Registered User has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
SuccessfulContacts.com is not responsible for the conduct, whether online or offline, of any Care Seeker, Care Provider or other user of the Site or Services. Moreover, SuccessfulContacts.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Care Seekers and Care Providers, hereby expressly agree not to hold SuccessfulContacts.com (or SuccessfulContacts.com’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in SuccessfulContacts.com through their employer’s benefits program, hereinafter “Affiliates”) liable for the actions or inactions of any Care Seeker, Care Provider or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, SuccessfulContacts.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
1.3. User Responsibilities
1. Any screening of a Care Seeker or Care Provider and his, her or its information by SuccessfulContacts.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or care provider. Registered Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for themselves or their family.
2. Please visit our Safety Center at www.SuccessfulContacts.com/safety/ for recommendations on how to make more informed hiring and employment decisions. Each Care Seeker is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Care Provider they select as well as that Care Provider’s eligibility to work in the US. If you are a Parent Registered User (as defined in Section 3.3 below), you also agree to assume the responsibilities set forth in Section 3.3 (Teen Providers, Parent Registered Users, and Parent Monitored Accounts).
2.0 Eligibility to Use the Site and Services; Representations and Warranties
1. To be eligible to use our Services, you must meet the following criteria:
■ Our Services are available only to individuals who are eighteen (18) years of age or older; provided, however, that individuals fourteen (14) to seventeen (17) years of age may join SuccessfulContacts.com as Care Providers subject to the terms set forth in Section 3.3 and any applicable Additional Terms. If you do not meet the above age requirements, do not register to use the Site or Services.
■ The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico. If you reside outside the United States or Puerto Rico, visit our Site homepage for a listing of other countries where SuccessfulContacts.com subsidiaries or affiliates offer similar services.
■ If you are registering to be a Care Provider, you must be permitted to legally work within the United States.
■ Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
■ You must not be a competitor of SuccessfulContacts.com or using our Services for reasons that are in competition with SuccessfulContacts.com.
2.2. Representations and Warranties
1. By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the eligibility criteria set forth in section 1.2 above.
3.0 Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
2. The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
■ You are responsible for tentively holdiong your appointments made with other members or users of our online community and site. If a user commits to services in trade for services, both parties must comply with the agreed upon terms. If either party fails to comply, they will automatically be charged and held responsible for satisfying the other parties time at a rate of $12.00 USD per hour, rounded up to the next full hour. There will also be an administration fee of at least but not limited to $35 USD per incidence or occurrence. These fees are non-refundable. If you believe a claim has been made in error, or would like to have customer service review the agreement. You can contact us at firstname.lastname@example.org. At the same time, If a Care Giver or Care Seeker, in any order, willingly does not comply with the schedule, and would rather pay the cancellation fees, they may do so by providing adequate notice to the other party and not confirming their completion of their appointment.
■ You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
■ You will register your account in your own legal name, even if you are seeking care for another individual or family member.
■ All Content you post will be in English as the Site and Services are not currently supported in any other languages.
■ You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from SuccessfulContacts.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to SuccessfulContacts.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
■ You understand and agree that SuccessfulContacts.com may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of SuccessfulContacts.com violates these Terms or which SuccessfulContacts.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
■ You have the right, and hereby grant, to SuccessfulContacts.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by SuccessfulContacts.com will not infringe or violate the rights of any third party.
■ Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
■ SuccessfulContacts.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
■ We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of SuccessfulContacts.com and we may use all such communications, all without notice to, consent from, or compensation to you.
2. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by SuccessfulContacts.com, are those of their respective authors. Such authors are solely responsible for such content. SuccessfulContacts.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will SuccessfulContacts.com or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
3. You agree that SuccessfulContacts.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
4. To the maximum extent permitted by law, SuccessfulContacts.com disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users hereby represent, understand and agree to hold SuccessfulContacts.com harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
5. 3.2. Exclusive Use
6. If you are a Care Seeker, you may use your account only to find care for yourself, your parents, your children, your grandchildren or individuals for whom you are otherwise the legal guardian. If you are a Care Provider, you may use your account only to find care jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
7. 3.4. Prohibited Uses
8. By using the Site or Services of SuccessfulContacts.com, you agree that you will not under any circumstances:
■ use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
■ use the Site or Services for any unlawful purpose, for any purpose not expressly intended by SuccessfulContacts.com or for the promotion of illegal activities;
■ attempt to, or harass, abuse or harm another person or group;
■ use another user’s SuccessfulContacts.com account;
■ provide false or inaccurate information when registering an account on SuccessfulContacts.com, using the Services or communicating with other Registered Users;
■ attempt to re-register with SuccessfulContacts.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
■ interfere or attempt to interfere with the proper functioning of SuccessfulContacts.com’s Services;
■ make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
■ bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
■ use the communication systems provided by or contacts made on SuccessfulContacts.com for any commercial solicitation purposes;
■ publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
9. In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of phone numbers a Care Seeker may view or the amount of emails a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
10. Should SuccessfulContacts.com find that you violated the terms of this Section or any terms stated herein, SuccessfulContacts.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that SuccessfulContacts.com may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Care Provider or Care Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights SuccessfulContacts.com may have under these Terms or applicable law.
11. Further, in order to protect the integrity of the Site and the Services, SuccessfulContacts.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
3. Background and Verification Checks
1. 4.1 Care Providers Can Order or Authorize Background Checks about Themselves and Can Authorize the Sharing of Them with Other Members
2. SuccessfulContacts.com offers the following background check services from consumer reporting agencies: Motor Vehicle Records Check, Criminal Records Check, Criminal+ MVR Check and Premier Background Checks (collectively “Background Checks”). Motor Vehicle Records Check, Criminal Records Check and Criminal+ MVR Check must be ordered by Care Providers on themselves to try to increase their chances of employment or by a Care Seekers who are considering hiring them. Premier Background Checks are ordered by Care Seekers, subject to the written authorization of the Care Provider who is the subject of the check. These background check services require payment of a separate fee by the Member who is initiating the background check request.
3. Each of these Background Check services are regulated by the Fair Credit Reporting Act (“FCRA”), and the background reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
4. SuccessfulContacts.com will receive a copy of each background check you order or authorize through SuccessfulContacts.com. See Section 4.3 below for information regarding SuccessfulContacts.com’s use of these Background Checks. If you order a Motor Vehicle Records Check, Criminal Records Check or Criminal+ MVR Check on yourself, you will be emailed a copy of the results if it does not come back clean. You are responsible for making sure that the email addresses you provide to SuccessfulContacts.com is correct, knowing that sensitive information will be sent to it.
5. You can order a Motor Vehicle Records Check, Criminal Records or Criminal+ MVR Records Check in response to a request by a Care Seeker who is considering hiring you. If the check comes back with no issues, we will forward the check to the Care Seeker who requested it. If the results of a Motor Vehicle Records Check, Criminal Records Check or Criminal+ MVR Check result in SuccessfulContacts.com suspending or terminating your account, that information will not be shared with other users.
6. If a Care Seeker orders a premier background check pursuant to your written authorization, the consumer reporting agency that performed the check will provide it directly to you and to the Care Seeker who ordered it based on your authorization that the Care Seeker obtains the check. The results of a premier background check ordered by a Care Seeker pursuant to your written authorization will be shared directly with the Care Seeker regardless of its contents.
7. If you have ordered a Background Check from a third-party consumer reporting agency through SuccessfulContacts.com, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific consent.
8. 4.2. Special Responsibilities of Care Seekers under FCRA
9. Care Seekers may request and receive a copy of a Background Check on a Care Provider, subject to the Care Provider’s explicit instructions about who may have access to such a report.
10. If you receive a copy of a background report, you warrant that you will use such information only for a purpose permitted by FCRA, such as an employment purpose, and that you will comply with any and all applicable obligations of FCRA as well as all other applicable consumer reporting laws.
11. Your responsibilities in using the information contained the background check can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. FCRA governs the use of reports obtained from a consumer reporting agency, such as the third party consumer reporting agencies we use.
12. If there is negative data in a check you receive, and you choose to take “adverse action” (i.e. choose to pass on that individual’s candidacy) on the basis of this negative data, you must agree to take certain procedural steps, which can be found at http://www.ftc.gov/tips-advice/business-center/guidance/using-consumer-reports-what-employers-need-know. These include notifying the individual who is the subject of the report of your decision to take adverse action based on information contained in the report and the subject’s right to contest the accuracy or completeness of the report. Moreover, if the subject contests the report with the consumer reporting agency, you are required to suspend the hiring process while the agency researches the accuracy and completeness of the report.
13. 4.3 SuccessfulContacts.com May Review and Use Background Checks You Order or Authorize About Yourself
14. By using the Site or Services as an individual Care Provider, you acknowledge and agree that SuccessfulContacts.com may review and use any Background Checks you have ordered or authorized about yourself for the legitimate business purpose of protecting the safety and integrity of our Site and its users and reserves the right to terminate your membership based on the information contained in such report, even if such information was subsequently dismissed.
15. If SuccessfulContacts.com terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that SuccessfulContacts.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it and not SuccessfulContacts.com.
16. 4.4 SuccessfulContacts.com May Order and Use Background Checks About You
17. By using the Site or Services as a Care Seeker or Care Provider, you hereby acknowledge and agree that SuccessfulContacts.com has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its users (“Internal Background Checks”). SuccessfulContacts.com may order these checks when you register with SuccessfulContacts.com and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a job or profile, ordering or authorizing a Background Check, etc.).
18. These Internal Background Checks are also regulated by FCRA, and the background reports resulting from these services are considered “consumer reports” under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.
19. You understand and agree that SuccessfulContacts.com may review the information provided by the third-party consumer reporting agency and that SuccessfulContacts.com retains the right to terminate your SuccessfulContacts.com registration based on the information it receives from these checks, even if such information was subsequently dismissed. If SuccessfulContacts.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that SuccessfulContacts.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the consumer reporting agency that issued it (and not SuccessfulContacts.com) within the time period specified in your notice.
20. BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW SuccessfulContacts.com TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SuccessfulContacts.com. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.
21. 4.5. SuccessfulContacts.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
22. By registering as a Care Provider or Care Seeker, you authorize SuccessfulContacts.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, SuccessfulContacts.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
23. You agree that SuccessfulContacts.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for SuccessfulContacts.com.
24. You also hereby represent, understand and expressly agree that SuccessfulContacts.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.
25. BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW SuccessfulContacts.com TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE SuccessfulContacts.com. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.
26. 4.6 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
27. If you decide to use or access information included in a background check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of background bheck ordered, as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal data base, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.
28. You expressly acknowledge that SuccessfulContacts.com has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent SuccessfulContacts.com performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
4. Termination of Registration
5. Should SuccessfulContacts.com determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored,” competitive, or third-party site, SuccessfulContacts.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the SuccessfulContacts.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in SuccessfulContacts.com, with or without notice. Upon termination, SuccessfulContacts.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site.
6. In any event, SuccessfulContacts.com also reserves the right, in its sole discretion, to terminate your access to all or part of the SuccessfulContacts.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in SuccessfulContacts.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
7. Following any termination of any individual’s use of the Site or the Services, SuccessfulContacts.com reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.
8. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
11. Links To External Sites
12. Links from the Site to external sites (including external sites that are framed by SuccessfulContacts.com) or inclusion of advertisements do not constitute an endorsement by SuccessfulContacts.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
13. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. SuccessfulContacts.com does not control such sites, and is not responsible for their content. Just because SuccessfulContacts.com has hyperlinks to such sites does not mean that SuccessfulContacts.com endorses any of the material on such sites, or has any association with their operators.
15. Payment And Refund Policy
16. In order to utilize some SuccessfulContacts.com Services or product offerings, the user of such Services or product offerings must pay SuccessfulContacts.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
1. 8.1 Billing and Payment
2. If you sign up for a SuccessfulContacts.com paid membership subscription, you agree to pay SuccessfulContacts.com all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize SuccessfulContacts.com to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. SuccessfulContacts.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
3. To the extent you elect to purchase other Services or product offerings we may offer for a fee, you authorize SuccessfulContacts.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if SuccessfulContacts.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services/products you purchase.
4. 8.2 Automatic Subscription Renewal and Cancellation
5. SuccessfulContacts.com PAID MEMBERSHIP SUBSCRIPTIONS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER. AFTER YOUR INITIAL SUBSCRIPTION COMMITMENT PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL EQUIVALENT PERIOD AS THE SUBSCRIPTION TERM YOU ORIGINALLY SELECTED AND AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU SIGN UP FOR A PAYMENT PLAN THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL ITS ORIGINALLY SCHEDULED EXPIRATION DATE.
6. You may cancel your paid membership subscription by following the instructions on your account settings page or contacting SuccessfulContacts.com’s customer service department at (877) 227-3115 or careteam@SuccessfulContacts.com. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
7. 8.3 Refund Policy
8. Except as set forth below or as described on the Site at the time you subscribe, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. Notwithstanding the foregoing, if you have a paid membership subscription that is automatically renewed, we will refund the most recent charge to your credit card if (i) you have not used your subscription during the current subscription renewal period and (ii) you downgrade or cancel your membership and request a refund of the most recent charge to your credit card within thirty (30) days of the most recent charge. Any such refunds will apply only to the most recent charge, regardless of how such refund request is made, for example, whether to SuccessfulContacts.com or to your credit card company. Additionally, if you are a Care Seeker and you post a bona fide job during your initial paid membership subscription period, we will refund your initial paid membership subscription charge if (a) you do not receive any responses to your first job posting within three (3) days of posting and (b) you contact us within thirty (30) days of your initial subscription charge to downgrade or cancel your membership and have not continued to use your account within that period. In addition, SuccessfulContacts.com reserves the right to immediately downgrade or cancel your membership after payment of your refund. SuccessfulContacts.com does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
9. 8.4 Free Trial Offers
10. SuccessfulContacts.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a SuccessfulContacts.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, after the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise provided to him or her when he or she originally subscribed. If a user does not want to continue with the Service after the expiration of the free trial period, the Care Seeker or Care Provider must downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the Care Seeker or Care Provider’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
17. Release of Liability for Conduct and Disputes
18. We are not an employer of Care Providers. Care Seekers may seek the services of a Care Provider through the use of the Site or Services, and Care Providers may post profiles and submit proposals to Care Seekers regarding their services. In some instances, such as through the Premium Plus and Senior Care Planning Services, we or Care Concierge may provide Care Seekers a customized list of potential individuals, companies and/or agencies to consider based on the information the Care Seeker provides us regarding their and their loved one’s needs and preferences. However, if a Care Seeker agrees on the provision of services from an individual, company or agency we or Care Concierge identifies through any of those Services, such agreement is solely between the Care Seeker and the Care Provider; neither SuccessfulContacts.com nor Care Concierge is a party to any such agreement. In some instances, such as through the Backup Care Service, the third parties we or Care Concierge contract with to provide services in support of that Service select the individual Care Providers from their agency who provide the backup or senior care service. We and Care Concierge contract with reputable agencies that have entered into an agreement with us pursuant to which they represent that each of their individual Care Providers has passed a screening process including background and reference checks. However, each such agency operates independently of SuccessfulContacts.com and is not under our control. Any issues concerning the conduct of a Care Seeker or Care Provider including, without limitation, the services received by the Care Seeker or payment due to the Care Provider, must be resolved directly by the Care Seeker and the Care Provider. SuccessfulContacts.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you hereby represent, understand, and expressly agree to hold SuccessfulContacts.com harmless for any claim or controversy that may arise from any disputes between you and any Care Seeker, Care Provider or other user(s) of the Site that are not Care Providers employed by our subsidiary, Care Concierge. You agree to take reasonable precautions in all interactions with Care Seekers, Care Providers or other users of the Site or the Services, particularly if you decide to meet offline. In addition, you agree to visit the SuccessfulContacts.com Safety Center at www.SuccessfulContacts.com/safety/ prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to SuccessfulContacts.com immediately by notifying SuccessfulContacts.com of the same via electronic correspondence.
19. Age Restrictions
20. Except with respect to Teen Providers (as described in Section 3.3), SuccessfulContacts.com is intended for people 18 or over and Care Seekers and Care Providers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. SuccessfulContacts.com will not knowingly collect any information from individuals under 13. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately.
21. Disclaimers; Limitations; Waivers; Indemnification
1. 11.1. No Warranty
2. The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by SuccessfulContacts.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,SuccessfulContacts.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SuccessfulContacts.com; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SuccessfulContacts.com EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
3. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, SuccessfulContacts.com MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER OR TO EMPLOY THE SERVICES OF A CARE PROVIDER.
4. WITH RESPECT TO CORPORATE CARE SEEKERS, THE INFORMATION AND MATERIAL CONTAINED ON THE SITE IS PROVIDED FOR YOUR INTERNAL USE ONLY AND MAY NOT BE COPIED OR REDISTRIBUTED FOR ANY REASON. THIS INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE INFORMATION IS THE INTELLECTUAL PROPERTY OF THE CORPORATE CARE SEEKER, SuccessfulContacts.com OR ITS INFORMATION PROVIDERS. IN NO EVENT WILLSuccessfulContacts.com OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
5. 11.2. Assumption of Risk
6. You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in SuccessfulContacts.com’s Safety Center atwww.SuccessfulContacts.com/safety/, when interacting with other site visitors or Registered Users.
7. 11.3. Limitation of Liability
8. Incidental Damages and Aggregate Liability. In no event will SuccessfulContacts.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SuccessfulContacts.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL SuccessfulContacts.com’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID SuccessfulContacts.com FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
9. No Liability for non-SuccessfulContacts.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SuccessfulContacts.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
10. In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. SuccessfulContacts.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11. 11.4. Indemnification
22. Copyright Notices/Complaints
23. It is SuccessfulContacts.com’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting SuccessfulContacts.com’s copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
24. SuccessfulContacts.com’s agent for copyright issues relating to this Site is as follows:
25. Copyright Agent
26. Legal Department
27. SuccessfulContacts.com, Inc.
28. In an effort to protect the rights of copyright owners, SuccessfulContacts.com maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
29. Agreement to Arbitrate
1. 13.1 Agreement to Arbitrate
2. This Section 13 is referred to in these Terms as the “Arbitration Agreement”. Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and SuccessfulContacts.com or a SuccessfulContacts.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by aneutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
3. 13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
4. YOU AND SuccessfulContacts.com AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SuccessfulContacts.com AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SuccessfulContacts.com USERS.
5. 13.3 Pre- Arbitration Dispute Resolution
6. SuccessfulContacts.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at careteam@SuccessfulContacts.com or at SuccessfulContacts.com, Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham, MA 02451.
7. 13.4 Arbitration Procedures
8. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page,http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
9. To commence an arbitration against SuccessfulContacts.com, you must complete a short form, submit it to the AAA, and send a copy to SuccessfulContacts.com at SuccessfulContacts.com, Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham, MA 02451. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
10. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or SuccessfulContacts.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SuccessfulContacts.com subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or SuccessfulContacts.com, unless the arbitrator requires otherwise.
11. The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different SuccessfulContacts.com users, but is bound by rulings in prior arbitrations involving the same SuccessfulContacts.com user to the extent required by applicable law.
12. 13.5 Costs of Arbitration
13. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, SuccessfulContacts.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, SuccessfulContacts.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse SuccessfulContacts.com for all fees associated with the arbitration paid by SuccessfulContacts.com on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
14. 13.6 Confidentiality
15. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
16. 13.7 Severability
17. If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
18. 13.8 Opt-Out Procedure
19. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice”) in accordance with the terms of this Section. For new SuccessfulContacts.com users, the Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time or August 20,2013, whichever is later. If you are already a current SuccessfulContacts.com user and previously accepted the SuccessfulContacts.com Terms prior to the introduction of this Arbitration Agreement, the Opt-Out Notice must be postmarked no later than August 20, 2013. You must mail the Opt-Out Notice to SuccessfulContacts.com, Inc., Attn: Legal Department, 77 Fourth Avenue, 5th Floor, Waltham MA 02451. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the SuccessfulContacts.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
20. 13.9 Future Changes to this Arbitration Agreement
21. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against SuccessfulContacts.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against SuccessfulContacts.com prior to the effective date of removal.
30. Governing Law and Jurisdiction
31. These Terms, and any dispute between you and SuccessfulContacts.com, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and SuccessfulContacts.com must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts. You and SuccessfulContacts.com agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes.
33. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
34. Contact Information