Terms of Service and Conditions
Effective Date: April 7, 2026
These Terms of Service and Conditions (the "Terms") form a legally binding agreement between you and RTM Technologies LLC, doing business as Ready to Mingle™ ("Ready to Mingle™," "RTM," "we," "us," or "our"), governing your access to and use of the Ready to Mingle™ mobile application, website, and all related products, services, events, communications, features, content, and technologies (collectively, the "Services").
Ready to Mingle™ is a connection platform intended to help adults make purposeful, real-world connections that may be romantic, social, friendship-based, community-based, or professional. The Services may include geolocation-driven features, profile discovery, messaging, event- and venue-based introductions, profile verification and moderation tools, and paid subscription or premium features.
By creating an account, accessing the Services, clicking to accept these Terms, purchasing a subscription, or otherwise using the Services on the Ready to Mingle™ website or mobile application or any other platforms or services Ready to Mingle™ may offer, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Community Guidelines, and any and all of Ready to Mingle™’s terms and policies that are set out herein, that may be updated and/or added and that apply to specific features. These Terms apply to anyone who accesses or uses our Services, regardless of registration or subscription status. Therefore, it is important that you read these policies and procedures carefully before you create an account. If you do not agree, you may not use the Services.
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.
DISPUTE RESOLUTION: PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18 BELOW. THESE GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND READY TO MINGLE™. SECTION 18 REQUIRES WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND READY TO MINGLE™ SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION, INCLUDING DISPUTES RELATED TO ARBITRABILITY. SECTION 18 ALSO INCLUDES A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, SMALL CLAIMS COURT ELECTION, CLASS ACTION AND JURY TRIAL WAIVER, AND ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS THAT 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.
Notice of any material change will be posted on this page with an updated effective date. We may but are not required to notify you of a change to the Terms via email, in-app notification, or other means; therefore, you are responsible for regularly checking this page for any changes and the changes will be effective once posted on this page. To the maximum extent permitted by applicable law, your continued access or use of our Services after the effective date of the Terms constitutes your 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. Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 16 and the Dispute Resolution provisions in Section 18 below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our subscription plans in any manner and at any time as we may determine in our sole and absolute discretion.
We reserve the right to introduce mandatory features to our Services at any time. These features may be designed to enhance the functionality, security, safety, or overall user experience of our Services. As these features are mandatory, if you do not wish to engage with these features, you may lose access to your account or be required to terminate your account as set forth in Section 14.
Eligibility and Account Access
Before you create an account with Ready to Mingle™, make sure you are eligible to use our Services. 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 an individual (i.e., not a corporation, partnership or other business entity) at least 18 years of age;
You are legally qualified, under California law, to enter into a binding contract with Ready to Mingle™;
You are not prohibited by law from using our Services;
You have not committed, been convicted of, or pled no contest to any crime involving violence, the threat of violence, or sexual misconduct, trafficking, exploitation or other offenses that make use of the Services unsafe or unlawful;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have any other accounts on our Services;
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 (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition);
You have not previously been removed from our Services unless you have our express written permission to create a new account; and
You are not located in a jurisdiction where use of the Services is prohibited by law.
Nature of the Service; No Match, Identity, or Safety Guarantee
Ready to Mingle™ is a technology platform. We do not introduce users as an agent, broker, fiduciary, employer, background-screening company, investigator, or guarantor of the conduct, identity, intentions, truthfulness, creditworthiness, licensure, employment status, or legal compliance of any user. We do not guarantee that you will receive matches, messages, responses, introductions, dates, business opportunities, friendships, professional contacts, or any particular outcome.
Even where the Services may offer features such as profile prompts, AI icebreakers, compatibility inventories, profile review, geolocation features, account checks, reporting tools, or third-party verification tools, those features are aids only. They do not certify that a user is who they claim to be, that a user is safe, that a user is single, that a user's relationship intentions are sincere, that a user has no criminal history, or that any offline interaction will be secure, appropriate, or lawful.
Any interaction you choose to pursue, whether on the Services or off-platform, is solely your decision and at your own risk.
Your Account and Security Responsibilities
You are responsible for all activities that occur under your credentials. You agree to use a strong password or equivalent sign-in controls, maintain the confidentiality of your account credentials, and notify us promptly if you suspect unauthorized access, theft, compromise, or misuse.
You may not:
share your account with another person;
sell, rent, transfer, or license your account or any profile, handle, badge, or entitlement;
create multiple accounts for deceptive, manipulative, abusive, or ban-evasion purposes;
use another person's likeness, photos, voice, credentials, or biographical details;
impersonate a company, public figure, recruiter, physician, investor, employer, or other person or organization.
Payment Terms
Subscriptions and Auto-Renewal: Ready to Mingle™ may offer some Services as automatically renewing subscriptions. IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of Services to which you have subscribed and an opportunity to cancel. If Ready to Mingle™ changes these prices and you do not cancel your subscription, you agree that you will be charged at Ready to Mingle™’s then-current pricing for subscription.
We may change pricing, packaging, feature availability, or the scope of paid plans at any time, but changes to an active paid term will generally apply beginning with the next renewal period unless required sooner by law or platform rules.
Canceling Subscriptions. If you purchased a subscription directly from Ready to Mingle™, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not generally be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Services enabled by your subscription.
Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). 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 READY TO MINGLE™) 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.
You may request a refund by contacting support@readytomingleapp.com or by mailing or delivering a signed and dated notice that states that you, 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: Ready to Mingle™, Attn: Cancellations, 600 B Street, Suite 2100, San Diego, CA 92101.
Taxes. The payments required under this Section 4 do not include any Sales Tax that may be due in connection with the services provided under these Terms. If Ready to Mingle™ determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Ready to Mingle™ will collect such Sales Tax in addition to the payments required under this Section 4. If any payments for any Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Ready to Mingle™, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Community Rules and Prohibited Conduct
You agree to use the Services lawfully, respectfully, and in a way that does not endanger other users, our personnel, our vendors, or the integrity of the platform. Without limiting any other restriction in these Terms or in our Community Guidelines, you may not:
Misrepresent your identity, age, employment (current or previous), 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, money laundering, fraud, a pyramid scheme or other similar practices and financial crimes;
Engage in hateful, discriminatory, violent, sexually coercive, or non-consensual conduct;
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 person's personal information without his or her permission;
Request or send money, investments, gifts, crypto, wire transfers, financial credentials or other items of value from another user;
Use another user's account or share your account with another person;
Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.
Use the Services to recruit for scams, escorting, trafficking, fraud, catfishing, phishing, malware distribution, or account takeover;
Violate the terms of the license granted to you by Ready to Mingle™ (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 the prior written consent of Ready to Mingle™ and/or any necessary party;
Express or imply that any statements you make are endorsed by Ready to Mingle™;
Use any robot, crawler, 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 viruses or other malicious code or otherwise compromise 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 Ready to Mingle™’s prior written authorization;
Use meta tags or code or other devices containing any reference to Ready to Mingle™ or the platform (or any trademark, trade name, service mark, logo or slogan of Ready to Mingle™) 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 or services that directly interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
Use, access, or publish the Ready to Mingle™ 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;
Create a new account after we suspend or terminate your account, unless you receive our express permission; or
Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Ready to Mingle™ reporting or appeals request system made available.
Engage in conduct on or off the platform that we reasonably determine poses a risk to our users or the public.
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.
Although under no obligation to do so, we may investigate suspected misconduct occurring both on-platform and off-platform when that conduct could affect user safety, platform integrity, or legal compliance.
5a. Prohibited Content
Ready to Mingle™ prohibits uploading or sharing content that:
Could reasonably be deemed to be 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;
Is illegal or encourages or facilitates any illegal activity including, without limitation, terrorism, human trafficking, money muling, child abuse and exploitation, or the incitement of violence or hatred;
Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism, or harmful misinformation;
Is defamatory, libelous, or untrue;
Relates to commercial activities (including, without limitation, sales, competitions, employment or investment opportunities, 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 Ready to Mingle™ 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 Ready to Mingle™;
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;
Is inconsistent with the intended use of the Services; or
May harm the reputation of Ready to Mingle™, meaning the uploading or sharing of content on the Ready to Mingle™ platform that is defamatory to Ready to Mingle™ or its advocates, misuse of any Service provided by Ready to Mingle™.
The uploading or sharing of content that violates these Terms ("Prohibited Content") may result in the immediate suspension or termination of your account.
User Content; Ownership and Licensing
The Services may allow you to upload or submit photos, text, profile prompts, demographic information, audio, video, messages, event RSVPs, reports, support communications, and other content (collectively, "User Content"). You remain responsible for your User Content and represent that you have all necessary rights to post it.
Your license to us of User Content. By submitting any User Content, you (i) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such User Content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other Users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form). You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Deleting your User Content. You may delete your User Content via the functionality of the Services. However, you understand that removed User Content may persist to the extent that the content has been shared with others, incorporated into backups, retained for legal obligations, or retained for safety, fraud-prevention, dispute, audit or law-enforcement purposes.
Our ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, We may remove, restrict, blur, refuse to publish, or delete User Content at any time if we believe it violates these Terms, our policies, applicable law, or the safety and integrity of the Services.
License to Use the Service
We own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Our license to you. Subject to your compliance with these Terms, Ready to Mingle™ grants you a limited, personal, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
No right, title, or interest in the Service or our content is transferred to you except for this limited license.
You may not copy, reproduce, modify, distribute, publish, scrape, frame, mirror, reverse engineer, decompile, disassemble, or create derivative works from the Service except as expressly permitted by law or by our prior written consent.
Messaging, Moderation, and Safety Monitoring
To operate and protect the Services, we and our service providers may review account activity, reports, device signals, transaction signals, profile information, and interactions, including metadata and, where disclosed in our Privacy Policy, content submitted through the Service. This may include automated and human review for spam prevention, fraud detection, account verification, trust and safety investigations, legal compliance, service improvement, and customer support.
You acknowledge that users may block, report, mute, decline, or otherwise restrict interactions with one another, and that we may intervene, rate-limit, restrict features, or preserve records when reasonably necessary for safety or compliance.
Geolocation Features
The Services may use precise location, approximate location, travel intent, event location, venue check-ins, neighborhood radius, or other location-derived information to provide discovery, ranking, map-based, or safety features. By enabling these features, you understand that location data can make it easier for others to infer where you are, where you live, work, travel, or spend time, even when the Service attempts to generalize or obscure location.
Ready to Mingle™ may provide settings that allow you to disable precise location, restrict visibility, or reduce location precision. Those settings can reduce, but may not eliminate, privacy risk. You are responsible for using location features carefully, especially before meeting people in person or sharing repeated routines.
Third-Party Face Photo Checks and Verification Features
Ready to Mingle™ may integrate with one or more third-party verification or image-comparison providers to help assess whether submitted selfies, photos, or short videos appear to correspond with profile images. These tools are intended to improve authenticity signals, not to guarantee identity, safety, age, intent, conduct, or legal compliance.
A verification result means only that the relevant provider or process determined that the submitted media met the criteria of the verification workflow at the time of the check. It does not mean that the person is safe, honest, compatible, law-abiding, or appropriate to meet offline. A failed or unavailable verification does not necessarily mean fraud. Ready to Mingle™ may remove, deny, revoke, or require re-verification at any time.
If you use any verification feature, you consent to the collection, processing, and transmission of the relevant images, device signals, and metadata as described in our Privacy Policy and any feature-specific notice.
Safety Disclaimer; Offline Meetings
Ready to Mingle™ does not supervise, control, or monitor in-person meetings, phone calls, video calls, transport arrangements, gifts, payments, business opportunities, or any other off-platform interaction between users. You are solely responsible for deciding whether to communicate, disclose information, or meet another person.
You understand that online services can be used by bad actors, including people who misrepresent their identity, intentions, age, relationship status, profession, financial position, or safety profile. You agree to take reasonable precautions before meeting anyone, including meeting in a public place, arranging your own transportation, informing a friend or family member, and avoiding transfers of money or sensitive information.
To the fullest extent permitted by law, Ready to Mingle™ disclaims responsibility for the acts or omissions of any user or third party, whether occurring on the Services, off-platform, online, offline, before, during, or after any introduction or interaction facilitated by the Services.
Intellectual Property
The Services, including all software, interfaces, visual designs, logos, service marks, trademarks, trade dress, databases, compilations, text, graphics, audio, video, moderation systems, and other elements of the Services, are owned by or licensed to Ready to Mingle™ and are protected by intellectual property and unfair competition laws.
You may not use our name, marks, logos, app screenshots, or branding in a way that suggests affiliation, endorsement, sponsorship, or source without our prior written consent.
Third-Party Services
The Services may contain links to, integrations with, or functionality provided by third parties, including app stores, identity or photo verification vendors, maps, analytics providers, cloud providers, payment processors, advertisers, customer support tools, and social login providers. We are not responsible for third-party products or services, and your use of them may be governed by their own terms and policies.
Suspension, Restriction, and Termination
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
You can delete your Account at any time but please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 4. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third Party Store to avoid additional billing.
In the event that Ready to Mingle™ determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which Ready to Mingle™ regards as inappropriate or unlawful (whether on or off the App), Ready to Mingle™ reserves the right to: (a) warn you via email (to any email addresses you have provided to Ready to Mingle™) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Ready to Mingle™ deems to be appropriate. You agree that all terminations for cause shall be made in Ready to Mingle™’s sole discretion and that Ready to Mingle™ shall not be liable to you or any third party for any termination of your Account.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
If your account is terminated by you or by Ready to Mingle™ for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy, including for legal compliance, payment reconciliation, records of consent, dispute resolution, prevention of repeat bad actors, and trust and safety enforcement.
Disclaimers of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. READY TO MINGLE™ MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SECURITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPATIBLE, SAFE, OR FREE FROM HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL RESULT IN MATCHES, DATES, FRIENDSHIPS, PROFESSIONAL OPPORTUNITIES, INCREASED SOCIAL ACCESS, SAFE INTERACTIONS, OR ANY PARTICULAR OUTCOME.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, READY TO MINGLE™, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, EMOTIONAL DISTRESS, PERSONAL INJURY, PROPERTY DAMAGE, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO READY TO MINGLE™ FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100.00).
Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you to the extent prohibited by law.
Indemnification
You agree to defend, indemnify, and hold harmless Ready to Mingle™, its affiliates, and their respective owners, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, demands, investigations, actions, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your interactions with other users or third parties; (d) your breach of these Terms; or (e) your violation of law or the rights of any person.
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.
This section of the Agreement (hereinafter the “Arbitration Agreement”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Ready to Mingle™. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their Disputes (as defined below) and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND OUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION.
Except as otherwise set forth herein, Disputes between you and Ready to Mingle™ shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and an opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees as authorized by applicable law).
For the purpose of this Arbitration Agreement, “Ready to Mingle™” means Ready to Mingle™, its affiliates, and their respective owners, officers, directors, employees, contractors, agents, licensors, and service providers. The term “Dispute” means any dispute, claim, or controversy between you and Ready to Mingle™ regarding any aspect of your relationship with Ready to Mingle™ whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
18a. Informal Dispute Resolution Process
Ready to Mingle™ values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. Therefore, if you are dissatisfied with our Services for any reason, please contact support@readytomingleapp.com so we can try to resolve your concerns without the need for outside assistance. If you choose to pursue a Dispute against Ready to Mingle™, these terms will apply.
If you have a Dispute with Ready to Mingle™ (“Your Dispute”), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Ready to Mingle™, Attn: Notice of Dispute, 600 B Street, Suite 2100, San Diego, CA 92101. However, if Your Dispute includes individual claims covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, then you are not required to send a Notice before pursuing your claims in accordance with this Section 18. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Ready to Mingle™ 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. If applicable, Ready to Mingle™’s Dispute Notice must likewise set forth a detailed description of Ready to Mingle™’s 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 Ready to Mingle™ agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, Ready to Mingle™ may request a telephone conference with you to discuss Your Dispute, and you agree to participate, either personally or with your attorney if you are represented by counsel. Likewise, you may request a telephone conference to discuss Ready to Mingle™’s Dispute with you, and Ready to Mingle™ agrees to have one representative participate. (For the avoidance of doubt, if you submit a Notice relating to Ready to Mingle™’s termination of your account, such Dispute is not Ready to Mingle™’s Dispute with you.) 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 Ready to Mingle™ 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 mandatory condition precedent to filing any demand for arbitration or small claims court action (except to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of disputes of claims). You understand and agree that failure to do so is a material breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Ready to Mingle™ engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider 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 accordingly.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing an arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.
18b. Individual Relief; Class Action Waiver and Jury Trial Waiver
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND READY TO MINGLE™ EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT TO THE EXTENT THE “ENDING FORCED ARBITRATION OF SEXUAL ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARRASSMENT ACT” PRECLUDES ARBITRATION OF DISPUTES OR CLAIMS). YOU AND READY TO MINGLE™ 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 EXISTING ACTIONS THAT MAY BE PENDING. 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 AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND READY TO MINGLE™ 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.
18c. Dispute Resolution Through Arbitration or Small Claims Court
Any Dispute (that is not resolved informally by Ready to Mingle™ Customer Service or the informal dispute resolution process as provided under subsection 18a above) shall be exclusively resolved through binding individual arbitration except for the following types of Disputes:
Disputes that are within the jurisdiction of a small claims court. Either you or Ready to Mingle™ may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services may be brought in accordance with Section 20. 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 by the arbitration provider. No determinations made by a small claims court shall have preclusive effect in any proceeding involving Ready to Mingle™ and anyone other than you. In the event the small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and Ready to Mingle™ shall arbitrate the Dispute under the terms of this Agreement. In the event the small claims court retains jurisdiction over certain claims, those claims will proceed in small claims court first. If there are additional claims not within the small claims court’s jurisdiction, you and Ready to Mingle™ shall arbitrate the remaining claims of the Dispute under the terms of this Agreement.
Disputes about whether a Dispute is within the jurisdiction of small claims court.
Any controversy regarding the small claims court’s jurisdiction shall be exclusively determined by such small claims court. If the small claims court is unable or unwilling to resolve such controversy, disagreements about whether a Dispute is within the jurisdiction of a small claims court may otherwise be resolved in a court of competent jurisdiction. If you or Ready to Mingle™ challenge 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 or have preclusive effect with respect to any proceeding involving Ready to Mingle™ and anyone other than you.Disputes covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. These claims may be brought in accordance with Section 20.
Disputes regarding individual claims of sexual harassment or sexual assault. These claims may be brought in accordance with Section 20.
Disputes in certain jurisdictions. Any Subsection in this Dispute Resolution Section that is prohibited by law in certain jurisdictions shall not apply to the users residing in that jurisdiction.
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, such as questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate.
Any court proceeding to enforce this Dispute Resolution Section 18, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 20. In the event Dispute Resolution Section 18 is for any reason held to be unenforceable, any litigation against Ready to Mingle™ (except for small claims court actions) may be commenced only in the federal or state courts located in San Diego County, California. 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.
18d. Arbitration Agreement
YOU AND READY TO MINGLE™ EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
If this Arbitration Agreement applies and the Dispute is not resolved as provided above, either you or Ready to Mingle™ may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall commence as an individual arbitration and shall in no event be commenced as a representative or class arbitration. However, this shall not preclude the application of Section 18l below. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of Section 18l below.
In the event of a Mass Filing (defined in Section 18l below), the procedures, fees, and costs described in Section 18l will govern notwithstanding any applicable rule of the arbitration provider to the contrary.
At the present time, Ready to Mingle™ is only operating in California. However, if Ready to Mingle™ expands its Services beyond California such that a Dispute concerns interstate commerce, the Federal Arbitration Act (“FAA”) would govern the arbitrability of Disputes. However, the arbitrator would still apply the applicable California law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
18e. Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
18f. Location of Arbitration
The arbitration may be heard in California or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.
18g. Payment of Arbitration Fees and Costs.
The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim.
The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party or a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable laws. If you meet the standard for proceeding in forma pauperis in federal court, California state court, or the courts of your state of residence, but you cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Ready to Mingle™, in its sole discretion, has the right but not the obligation to pay the filing fees for you.
18h. Class Action Waiver.
The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in Section 18l below, unless both you and Ready to Mingle™ specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of Ready to Mingle™ and/or user of Ready to Mingle™ services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding, except as set forth in Section 18l below.
18i. Limitation of Procedural Rights
You understand and agree that, by entering into this Arbitration Agreement, you and Ready to Mingle™ are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Ready to Mingle™ might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
18j. Severability
If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
18k. Continuation
This Arbitration Agreement shall survive the termination of your contract with Ready to Mingle™ and your use of Ready to Mingle™ Services.
18l. Mass Filing
If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:
Acknowledgment of Mass Filing Protocols. If you or we, or you or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor Ready to Mingle™ will be required to pay any such filing fees. You and Ready to Mingle™ also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall proceed in court unless the parties agree to an alternative procedure. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
Arbitration Provider’s Authority to Apply Mass Filing Rules. Notwithstanding this Section 18l, if a series of arbitration demands is determined by the arbitration provider not to constitute a Mass Filing pursuant to this Arbitration Agreement, but such demands constitute a mass filing pursuant to the arbitration provider’s mass filing rules, the arbitration provider may apply its mass filing rules, procedures, and fees.
Enforcement of Subsection. A Court of competent jurisdiction located in federal or state court in California shall have the power to enforce this Section 18l.
18m. Unavailability
If for some reason AAA is not available to administer the arbitration the arbitration will be administered by JAMS pursuant to its then in-effect arbitration rules and procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. If none of these arbitration providers is available, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, the parties will select an alternative arbitral forum, with comparable fees and procedures for mass filings, if applicable.
18n. Future Changes and Retroactive Application
This Dispute Resolution Section 18 applies to all Disputes between the Parties, including for any claims that accrued against you or Ready to Mingle™ prior to the time of your consent to this Agreement and to any claims that accrue against you or Ready to Mingle™ 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 18 as to claims that have accrued against you or against Ready to Mingle™ 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@readytomingleapp.com.
Please do not direct any customer support inquiries to optout@readytomingleapp.com, as they will not be addressed; such inquiries should be directed to support@readytomingleapp.com. In order to opt out, 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 18. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 18, 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 and jury trial 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 Ready to Mingle™ after your consent to this Agreement in accordance with this Dispute Resolution Section.
Governing Law
You understand and acknowledge that Ready to Mingle™ maintains its principal place of business in San Diego, California. You agree that the Services, this Agreement, and all Disputes, including but not limited to any claims or controversies arising out of or relating to this Agreement or our Services, shall be deemed to have arisen in San Diego County, California and in no other state or county, and that California law will apply to any Dispute (except where prohibited by law).
Except as otherwise provided in the arbitration section or where preempted by applicable consumer protection laws, the laws of the State of California, without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process. Both parties agree that this choice of law agreement is enforceable and waive the right to have a court conduct a conflict of law analysis.
Venue/Forum Selection
To the extent a dispute is not arbitrated for any reason and is permitted to proceed in court, and to the fullest extent allowable by law, you and Ready to Mingle™ agree to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California.
You and Ready to Mingle™ consent to the exercise of personal jurisdiction of courts in the State of California and waive any claim that such courts constitute an inconvenient forum.
Notices, Electronic Communications, and Changes
You consent to receive agreements, notices, disclosures, and other communications from us electronically, including through the Services, by email, text message, or through your device or browser, and you agree that such communications satisfy any legal requirement that they be in writing.
We may modify these Terms from time to time. If we make material changes, we will provide notice as required by law, such as by posting an updated date, in-app notice, or email notice. Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms.
If any provision of these Terms is held unlawful, void, or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision is not a waiver. These Terms, together with any incorporated policies and supplemental terms, constitute the entire agreement between you and Ready to Mingle™ concerning the Services.
