Terms
Privacy
Online Dating at UberDATE.com
The UberDATE.com Community
UberDATE.com members form a diverse global community of individuals who share a common goal - to assist
Travelers from everywhere around the world.
UberDATE.com Terms of Use Agreement
Last revised on 1/3/2018
Welcome to UberDATE.com, the service for outsourcing travel assistance online, operated by UberDATE
Group, LLC, (the "Company" or "UberDATE.com").
By accessing the UberDATE.com, including through a mobile application, (the "Website") you agree
to be
bound by these Terms of Use (this "Agreement"), whether or not you register as a member of
UberDATE.com.
If you wish to become a member and make use of the UberDATE.com service (the "Service"), please
read
these Terms of Use. The term "Website" is deemed to refer to using of the Service by means of a
computer, a mobile device or a mobile application.
You should also read the UberDATE.com Privacy Policy which is incorporated by reference into this
Agreement and available on the Website. If you do not accept and agree to be bound by all of the terms
of this Agreement, including the UberDATE.com Privacy Policy, do not use the Website or the Service.
Please contact us with any questions regarding this Agreement, Attn: Terms, info@UberDATE.com
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Acceptance of Terms of Use Agreement.
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his Agreement is an electronic contract that establishes the legally binding terms you must
accept to use the Website and to become a "Member." For purposes of this Agreement, the term
"Member" means a person who provides information to the Company on the Website or to
participate in the Service in any manner, whether such person uses the Service as a free
member or a subscriber. You acknowledge and agree that Members of UberDATE.com may be part
an online community that includes other websites owned by the Company or its affiliates.
Therefore, profiles on the Website may be viewable on other such websites and paying
subscribers of one website may be able to communicate with other paying subscribers on all
websites. This Agreement includes the Company’s (i) Privacy Policy, (ii) our Dating Safety
Tips published on the Website and (iii) terms disclosed and agreed to by you if you become a
subscriber or if you purchase or accept additional features, products or services we offer
on the Website, such as state-specific terms and terms governing features, billing, free
trials, discounts and promotions.
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By accessing the Website or using the Service, you accept this Agreement and agree to the
terms, conditions and notices contained or referenced herein and consent to have this
Agreement and all notices provided to you in electronic form. Please print a copy of this
Agreement for your records. This Agreement may be modified by the Company from time to time,
such modifications to be effective upon posting by the Company on the Website.
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By using the Service, you consent to receive this Agreement in electronic form by using the
Service. To withdraw this consent, you must cease using the Service and terminate your
account.
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Eligibility.
You must be at least 18 years of age to access and use the Service. By accessing and
using the Website, you represent and warrant that you have the right, authority and capacity to
enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you
become a Member, you represent and warrant that you have never been convicted of or pled no contest
to a felony, a sex crime, or any crime involving violence, and that you are not required to register
as a sex offender with any government entity. Using the Service may be prohibited or restricted in
certain countries. If you use the Service from outside of the United States, you are responsible for
complying with the laws and regulations of the territory from which you access or use the Website or
Service.
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Membership and Subscription.
You may register as a Member at no cost. As a Member, you may use some,
but not all, of the features and services available within the Service. To access or use additional
features and services, including the ability to communicate with other Members that are subscribers,
you must become a paying subscriber to the Service. The subscription policies that are disclosed to
you when you subscribe to the Service are a part of this Agreement. Absent special offers, you
acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the
features and services available within the Service, including communicating with other Members, and
(ii) a subscriber, non-subscribing Members will not be able to use the Service to communicate with
you. A Member profile (both subscribers and non-subscribers) may remain posted on the Website even
if that Member is not actively using the Service. You acknowledge that although a Member’s profile
may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with
that Member if he or she is not then actively using the Service.
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Term and Termination.
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This Agreement will remain in full force and effect while you use the Service and/or are a
Member.
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You may change or cancel your membership at any time, for any reason, by following the
instructions on your "Account Settings" page. You may also cancel your
membership by sending
the Company written Attn: Cancellation, info@UberDATE.com
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If you cancel your membership via the Website, we may ask you to provide a reason for your
cancellation. If you cancel your subscription, the Company requires a reasonable amount of
time to process the action. If you cancel a subscription, you will enjoy subscription
benefits until the end of your then-current subscription commitment, following which your
subscription benefits will expire. However, in no event will you be eligible for a refund of
any portion of the subscription fees paid for the then-current subscription commitment. If
you paid for your subscription using a multi-payment option, you must make all payments even
if you cancel your subscription prior to the end of your then existing subscription
commitment period.
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Canceling a subscription does not automatically cancel your membership. If you are a
subscriber and you cancel your subscription but not your
membership, you will continue to be a Member in the Service and others may view your
profile., If you cancel your membership, your profile will be removed, and other
Members
will not be able to view your profile.
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You will be able to use your current registration information profile and reactivate your
membership for one year. A Member can hide his or her profile or cancel his or her
membership and remove their profile at any time by following the instructions contained on
the "Account Settings" page on the Website.
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The Company may terminate or suspend your subscription and/or membership in the Service at
any time without notice if the Company believes that you have breached this Agreement,
including, but not limited to, by using the Website and Service for non-personal use,
engaging in prohibited or inappropriate communications or activities, and any breach of your
representations and warranties. Upon such termination or suspension, you will not be
entitled to any refund of unused subscription fees and, if applicable, all unpaid
subscription amounts and other fees you owe will immediately be due. The Company is not
required to disclose, and may be prohibited by law from disclosing, the reason for the
termination or suspension of your account.
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After your membership or subscription is terminated for any reason, all terms of this
Agreement survive such termination, and continue in full force and effect, except for any
terms that by their nature expire or are fully satisfied. .
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Non-commercial Use by Members
Members may not use the Service in connection with any commercial endeavors, such as (i) advertising
or soliciting any user to buy or sell any products or services not offered by the Company, (ii)
soliciting others to attend parties or other social functions, or networking, for commercial
purposes, (iii) attempting to solicit or raise money for any purpose, or (iv) attempting to solicit
users to visit a third-party site. Users of the Website may not use any information obtained from
the Service to contact, advertise to, solicit, or sell to any other user without his or her prior
explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website
for any purpose. The Company may investigate and take any available legal action in response to
illegal and/or unauthorized uses of the Website, including collecting usernames and/or email
addresses of members by electronic or other means for the purpose of sending unsolicited email and
unauthorized framing of or linking to the Website.
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Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate
during the registration process, and you are solely responsible for all activities that occur under
your username and password. You agree to immediately notify the Company of any disclosure or
unauthorized use of your username or password or any other breach of security, and ensure that you
log out from your account at the end of each session.
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Your Interactions with Other Members.
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YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT
THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS
MEMBERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR
ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR
FUTURE MEMBERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK
OR OTHER SCREENINGS (SUCH AS SEX OFFENDER
REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
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The Company is not responsible for the conduct of any Member. As noted in and without
limiting Sections 16 and 18 below, in no event shall theCompany, its affiliates or its
partners be liable (directly or indirectly) for any losses or damages whatsoever,
whether
direct, indirect, general, special, compensatory, consequential, and/or incidental,
arising
out of or relating to the conduct of you or anyone else in connection with the use of
the
Website or Service including, without limitation, death, bodily injury, emotional
distress,
and/or any other damages resulting from communications or meetings with other Members or
persons you meetthrough the Service. You agree to take all necessary precautions in
all
interactions with other Members, particularly if you decide to communicate off the Website
or meet in person, or if you decide to send money to another Member. In addition, you
agree
to review and follow the Company's Dating Safety tips located on the Website, prior to
using
the Service. You understand that the Company makes no guarantees, either express or
implied,
regarding your ultimate compatibility with individuals you meet through the Service. You
should not provide your financial information (for example, your credit card or bank account
information), or wire or otherwise send money, to other Members.
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Proprietary Rights.
The Company owns and retains all proprietary rights in the Website and the Service, and in all
content, trademarks, trade names, service marks and other intellectual property rights related
thereto. The Website contains the copyrighted material, trademarks, and other proprietary
information of the Company and its licensors. You agree to not copy, modify, transmit, create any
derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks,
trade names, service marks, or other intellectual property or proprietary information accessible on
the Website or through the Service, without first obtaining the prior written consent of the Company
or, if such property is not owned by the Company, the owner of such intellectual property or
proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices
appearing on any content, including copyright, trademark and other intellectual property notices.
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Content Posted by You on the Website.
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You are solely responsible for the content and information that you post, upload, publish,
link to, transmit, record, display or otherwise make available (hereinafter, "post")
on the
Service or transmit to other Members, including emails, videos (including streaming videos),
photographs, voice notes, recordings or profile text, whether publicly posted or privately
transmitted (collectively, "Content"). You may not post on the Website or as part of
the
Service, or transmit to the Company or any other Member (either on or off the Website), any
offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening,
intimidating, harassing, rude, vulgar, derogatory, sexist, defamatory, insulting, racially
offensive, or illegal material, or any material that infringes or violates another person’s
rights (including intellectual property rights, and rights of privacy and publicity). You
represent and warrant that all information that you submit upon registration is accurate and
truthful and that you will promptly update any information provided by you that subsequently
becomes inaccurate, misleading or false.
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You understand and agree that the Company may, but is not obligated to, monitor or review
any Content you post on the Website or as part of a Service. The Company may delete any
Content, in whole or in part, that in the sole judgment of the Company violates this
Agreement or may harm the reputation of the Website or the Company. The Company may restrict
the number of
emails which a Member may send to other Members in any 24-hour period to a number which we
deem appropriate in our sole discretion.
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By posting Content on the Website or as part of the Service, you automatically grant to the
Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive,
fully paid-up, worldwide right and license to (i) use, copy, store, perform, display,
reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative
works of the Content or incorporate the Content into other works, and (iii) grant and
authorize sublicenses of the foregoing in any media now known or hereafter created. You
represent and warrant that any posting and use of your Content by the Company will not
infringe or violate the rights of any third party.
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In addition to the types of Content described in Section 9(a) above, the following is a
partial list of the kind of Content that is prohibited on the Website or as part of the
Service. You may not post, upload, display or otherwise make available Content (either on or
off the Website) that:
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constitutes or promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
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constitutes or advocates for harassment or intimidation of another person;
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requests money from, or is intended to otherwise defraud, other users of the Website
or Service;
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involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
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promotes information that is false or misleading, or promotes illegal activities or
conduct that is defamatory, libelous or otherwise objectionable;
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promotes an illegal or unauthorized copy of another person’s copyrighted work, such
as providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated images,
audio or video, or links to pirated images, audio or video files;
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contains video, audio photographs, or images of another person without his or her
permission (or in the case of a minor, the minor’s legal guardian);
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contains restricted or password only access pages, or hidden pages or images (those
not linked to or from another accessible page);
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provides material that exploits people in a sexual, violent or other illegal manner,
or solicits personal information from anyone under the age of 18;
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provides instructional information about illegal activities such as making or buying
illegal weapons or drugs, violating someone’s privacy, or providing, disseminating
or creating computer viruses;
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contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or
disruptive codes, components or devices;
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impersonates, or otherwise misrepresents affiliation, connection or association
with, any person or entity;
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provides information or data you do not have a right to make available under law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information);
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disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other
users are able to type, or otherwise negatively affects other users’ability to
engage in real time exchanges;
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solicits passwords or personal identifying information for commercial or unlawful
purposes from other users or disseminates another person’s personal information
without his or her permission; and
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publicizes or promotes commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The Company reserves the right, in its sole discretion, to investigate and take appropriate
legal action against anyone who violates this provision, including removing the offending
communication from the Website or Service and terminating or suspending the membership of
such violators.
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Your use of the Website and Service, including all Content you post through the Service,
must comply with all applicable laws and regulations. You agree that the Company may access,
preserve and disclose your account information and Content if required to do so by law or in
a good faith belief that such access, preservation or disclosure is reasonably necessary,
such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to
claims that any Content violates the rights of third parties; (iv) respond to your requests
for customer service or allow you to use the Website in the future; or (v) protect the
rights, property or personal safety of the Company or any other person.
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You may not post any telephone numbers, street addresses, last names, URLs or email
addresses in areas of your Member profile that may be viewed by other Members. You agree
that any Content you place on the Website to be viewed by other Members may be viewed by any
person visiting the Website or participating in the Service.
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Prohibited Activities.
The Company reserves the right to investigate and/or TERMINATE your membership if you have
misused the Service or behaved in a way the Company regards as inappropriate or unlawful,
including actions or communications that occur off the Website. The following, in addition to
the actions prohibited in Section 9(d) above, is a partial list of the type of actions that you
may not engage in with respect to the Service. You will not:
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impersonate any person or entity, or misrepresent facts about any person or entity.
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solicit money, goods, or other property from any Members.
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post any Content or act in any manner that is prohibited by Section 9.
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"stalk", abuse, use profanity, send sexually oriented communication, threaten, intimidate,
act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive
statements, publish illegal material, or otherwise harass any person.
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express or imply that any statements you make are endorsed by the Company without our
specific prior written consent.
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ask or use Members to conceal the identity, source, or destination of any illegally gained
money or products.
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use any robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Website, Service or its contents.
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collect usernames and/or email addresses of members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
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interfere with or disrupt the Service or the Website or the servers or networks connected to
the Service or the Website.
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email or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment.
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted to or through the Website or Service (either directly or indirectly
through use of third party software).
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"frame" or "mirror" any part of the Service or the Website, without the Company's prior
written authorization.
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use meta tags or code or other devices containing any reference to the Company, the Website
or the Service (or any trademark, trade name, service mark, logo or slogan of the Company)
to direct any person to any other website for any purpose.
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modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Service or the Website or any software used on or
for the Service or the Website, or cause others to do so.
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post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any
manner or media any content or information obtained from the Website or the Service other
than solely in connection with your use of the Service in accordance with this Agreement.
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Customer Service.
The Company provides assistance and guidance through its customer care representatives. When
communicating with our customer care representatives (whether over the telephone, or via email or
letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing,
racially offensive, or to not otherwise behave inappropriately. Whatsapp calls between you and our
customer care representatives (coming soon) may be recorded for quality assurance purposes, and by
calling or communicating with our representatives you agree that your call may be recorded. If we
feel that your behavior towards any of our customer care representatives or other employees is at
any time threatening or offensive, we reserve the right to immediately terminate your membership and
you will not be entitled to any refund of unused subscription fees.
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Subscriptions; Charges on Your Billing Account.
The Company bills you through an online account (your "Billing Account")
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for use of the Service. You agree to pay the Company all charges at the prices you agreed to
for any use of the Service by you or other persons (including your agents) using your
Billing Account, and you authorize the Company to charge your chosen payment provider (your
"Payment Method") for the Service. You agree to make payment using that selected Payment
Method. The Company may correct any billing errors or mistakes that it makes even if it has
already requested or received payment. This Section 12 includes any agreements you made with
the Company on the Website when becoming a Member or subscribing to the Service. The terms
of your payment will be based on your Payment Method and may be determined by agreements
between you and the financial institution, credit card issuer or other provider of your
chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with
your Payment Method, the Company may in its discretion terminate your account immediately.
If the Company successfully disputes the reversal, and the reversed funds are returned, you
are not entitled to a refund or to have your account or subscription reinstated.
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Your subscription will continue indefinitely until cancelled by
you. After your initial subscription commitment period, and again after any
subsequent subscription period, your subscription will automatically continue for an
additional equivalent period, at the price you agreed to when subscribing.
You agree that
your account will be subject to this automatic renewal feature. If you do not wish your
account to renew automatically, or if you want to change or terminate your subscription,
please log in and go to "Account Settings" on the Website and follow the directions
contained therein. If you cancel your subscription, you may use your subscription
until the
end of your then-current subscription term; your subscription will not be renewed after your
then-current term expires. However, you won’t be eligible for a prorated refund of any
portion of the subscription fee paid for the then-current subscription period.
By
subscribing, you authorize the Company to charge your Payment Method now and again at the
beginning of any subsequent subscription period. You also authorize the Company to charge
you for any sales or similar taxes that may be imposed on your subscription payments.
Upon
the renewal of your subscription, if the Company does not receive payment from your Payment
Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or
you agree that the Company may either terminate or suspend your subscription and continue to
attempt to charge your Payment Method provider until payment is received (upon receipt of
payment, your account will be activated and for purposes of automatic renewal, your new
subscription commitment period will begin as of the day payment was received).
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You must provide current, complete and accurate information for your Billing Account. You
must promptly update all information to keep your Billing Account current, complete and
accurate (such as a change in billing address, card number or expiration date), and you must
promptly notify the Company if your Payment Method is canceled (including if you lose your
card or it is stolen), or if you become aware of a potential breach of security (such as an
unauthorized disclosure or use of your name or password).
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Changes to such information can be made at "Account Settings" on the Website. If you fail to
provide the Company any of the foregoing information, you agree that you are responsible for
fees accrued under your Billing Account. In addition, you authorize us to obtain updated or
replacement expiration dates and card numbers for you credit or debit card as provided by
your credit or debit card issuer. You also authorize us to update your Payment Method to
include any credit or debit card or other payment method provided by you to purchase any
feature or service throughout your use of the Website or Service when automatically renewing
your account, as set forth in Section 12(b).
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Modifications to Service.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the
Website or the Service (or any part thereof) with or without notice. You agree that the Company
shall not be liable to you or to any third party for any modification, suspension or discontinuance
of the Service. To protect the integrity of the Website or the Service, the Company reserves the
right at any time in its sole discretion to block users from certain IP addresses from accessing the
Website or Service.
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Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you believe that your work has been
copied and posted on the Service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
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a description of the copyrighted work that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the Website
(and such description must be reasonably sufficient to enable the Company to find the
alleged infringing material, such as a url);
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your address, telephone number and email address;
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a written statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
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a statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent.
UberDATE.com
Attn: Copyright Compliance Department
info@uberdate.com
The Company will terminate the accounts of repeat infringers.
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Communications and Test Profiles.
When you become a Member, you agree and consent to receive email messages from us. These emails may
be transactional or relationship communications relating to the Service, such as administrative
notices and service announcements or changes, or emails containing commercial offers, promotions or
special offers from us or third-party partners. Please see the Company’s Privacy Policy for more
information regarding these communications. From time to time, employees of the Company (or its
parent or affiliated companies) may create test dating profiles for the purpose of testing the
functionality of our Service and website processes to improve service quality for our Members.
Telephone calls between you and our customer care representatives may be recorded for quality
assurance purposes.
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Disclaimers.
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You acknowledge and agree that neither the Company nor its affiliates and third party
partners are responsible for and shall not have any liability, directly or indirectly, for
any loss or damage, including personal injury or death, as a result of or alleged to be the
result of (i) any incorrect or inaccurate Content posted on the Website or provided in
connection with the Service, whether caused by Members or any of the equipment or
programming associated with or utilized in the Website or Service; (ii) the timeliness,
deletion or removal, incorrect delivery or failure to store any Content, communications or
personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv)
any error, omission or defect in, interruption, deletion, alteration, delay in operation or
transmission, theft or destruction of, or unauthorized access to, any user or Member
communications; or (v) any problems, failure or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer equipment,
software, failure of email or players on account of technical problems or traffic congestion
on the Internet or at any website or combination thereof, including injury or damage to
Members or to any other person's computer related to or resulting from participating or
downloading materials in connection with the Internet and/or in connection with the Service.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE WEBSITE AND
THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE
WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY
IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE
OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON
THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY
WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT
RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS
LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH
THE SERVICE OR WEBSITE.
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From time to time, the Company may make third party opinions, advice, statements, offers, or
other third-party information or content available on the Website and/or through the
Service. All third-party content is the responsibility of the respective authors thereof and
should not necessarily be relied upon. Such third-party authors are solely responsible for
such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED 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 WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES
WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING
FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR
TRANSMITTED TO OR BY ANY MEMBERS.
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In addition to the preceding paragraph and other provisions of this Agreement, any advice
that may be posted on the Website or through the Service is for informational and
entertainment purposes only and is not intended to replace or substitute for any
professional financial, medical, legal, or other advice. The Company 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 Website or Service. 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.
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Links.
The Website may contain, and the Service or third parties may provide, advertisements and promotions
offered by third parties and links to other web sites or resources. You acknowledge and agree that
the Company is not responsible for the availability of such external websites or resources, and does
not endorse and is not responsible or liable for any content, information, statements, advertising,
goods or services, or other materials on or available from such websites or resources. Your
correspondence or business dealings with, or participation in promotions of, third parties found on
or through the Website or Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such third party. You further acknowledge and agree that
the Company shall not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of, or reliance upon, any such
content, information, statements, advertising, goods or services or other materials available on or
through any such website or resource.
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Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES,
BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE
INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY,
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE
TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE
OR BE FOREVER BARRED.
-
Arbitration and Governing Law.
-
The exclusive means of resolving any dispute or claim arising out of or relating to this
Agreement (including any alleged breach thereof), the Service, or the Website shall be
BINDING ARBITRATION administered by the American Arbitration Association under the
Consumer
Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the
right to bring an individual claim against the Company in a small-claims court of competent
jurisdiction. But whether you choose arbitration or small-claims court, you may not under
any circumstances commence or maintain against the Company any class action, class
arbitration, or other representative action or proceeding.
-
By using the Website or the Service in any manner, you agree to the above arbitration
agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any
claims
between you and the Company (except for matters that may be taken to small-claims court).
YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS
PROCEEDING. Your
rights will be determined by NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator
shall determine all issues regarding the arbitrability of the dispute. You are entitled to a
fair hearing before the arbitrator. The arbitrator can grant any relief that a court can,
but you should note that arbitration proceedings are usually simpler and more streamlined
than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in
court and may be overturned by a court only for very limited reasons. For details on the
arbitration process, see our Arbitration Procedures.
-
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm,
modify, or vacate an arbitration award, may be commenced in any court of competent
jurisdiction. In the event that this arbitration agreement is for any reason held to be
unenforceable, any litigation
against the Company (except for small-claims court actions) may be commenced only in the
federal or state courts located in Orange County, California. You hereby irrevocably consent
to the jurisdiction of those courts for such purposes.
-
This Agreement, and any dispute between you and the Company, shall be governed by the laws
of the state of California without regard to principles of conflicts of law, provided that
this arbitration agreement shall be governed by the Federal Arbitration Act.
-
Indemnity by You.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their
officers, agents, partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made by any third party due to or arising out of your breach
of or failure to comply with this Agreement (including any breach of your representations and
warranties contained herein), any postings or Content you post on the Website or as a result of the
Service, and the violation of any law or regulation by you. The Company reserves the right to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you, in
which event you will fully cooperate with the Company in connection therewith.
-
Notice.
The Company may provide you with notices, including those regarding changes to this Agreement, using
any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS,
text message or postings on the Website. Such notices may not be received if you violate this
Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have
received any and all notices that would have been delivered had you accessed the Service in an
authorized manner.
-
Entire Agreement; Other.
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately
posted for particular services or offers on the Website, contains the entire agreement between you
and the Company regarding the use of the Website and/or the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. You agree that your online account is
non-transferable and all of your rights to your profile or contents within your account terminate
upon your death. No agency, partnership, joint venture or employment is created as a result of this
Agreement and you may not make any representations or bind the Company in any manner.
-
Amendment.
This Agreement is subject to change by the Company at any time. If you are a non-subscribing Member
at the time of any change, the revised terms will be effective upon posting on the Website and your
use of the Service after such posting will constitute acceptance by you of the revised Agreement. If
you are a subscribing Member at the time of any change, the then-existing Agreement will continue to
govern your membership until such time that you renew your subscription as contemplated by Section
12. If you continue your subscription, your renewal will constitute acceptance by you of the revised
Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service
after your termination will constitute acceptance by you of the Agreement.
-
Special State Terms.
The following provisions are added to this Agreement for subscribers residing in Arizona,
California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and
Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to
midnight of the third business day following the original date of this contract, excluding
Sundays and holidays. To cancel this agreement, mail or deliver a signed and
dated notice, or words of similar effect. This notice shall be sent to: info@UberDATE.com, Attn:
Cancellations, email. Please include your UberDATE.com username and email address in any
correspondence or your refund may be delayed. If you cancel, UberDATE.com will return, within
ten days of the date on which you give notice of cancellation, any payments you have made. If
you send or deliver the notice to cancel your subscription agreement within such three day
period, we will refund the full amount of your subscription.
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 the services of UberDATE.com) 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 at the
same address as listed above.
Please Contact Us with any questions regarding this agreement. info@uberDATE.com
UberDATE.com is a trademark of UberDATE Group, LLC
UberDATE Group, LLC Privacy Policy
Last Updated: April 3, 2014
UberDATE Group, LLC, as regards users originating from within the United States, and UberDATE.com Global
Services Limited, as regards users originating from outside the United States, ("UberDATE.com") respects
the privacy of its users and has developed this Privacy Policy to demonstrate its commitment to
protecting your privacy. This Privacy Policy describes the information we collect, how that information
may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage
you to read this Privacy Policy carefully when using our website or services or transacting business
with us. By using our website, application, or other online services, you are accepting the practices
described in this Privacy Policy.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy
for information on how to contact us.
Information we collect about you
In General. We may collect Personal Information, including Sensitive Data, and other information.
“Personal Information” means individually identifiable information that would allow us to determine the
actual identity of, and contact, a specific living person. Sensitive Data includes information, comments
or content (e.g. photographs, video, profile, lifestyle) that you optionally provide that may reveal
your ethnic origin, nationality, religion and/or sexual orientation. By providing Sensitive Data to us,
you consent to the collection, use and disclosure of Sensitive Data as permitted by applicable privacy
laws. We may also collect your geolocation information with your consent. We may collect this
information through a website, mobile application or other online service. When you provide personal
information, the information may be sent to servers located in the United States and other countries
around the world.
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Information you provide. We may collect and store any personal information you enter on our
website or provide to us in some other manner. This includes identifying information, such as your
name, address, email address, and telephone number, and, if you transact business with us, financial
information such as your payment method (valid credit card number, type, expiration date or other
financial information). We also request information about your interests and activities, your gender
and age, and other demographic information such as your hometown or your username.
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Information from other sources. UberDATE.com is a part of the UberDATE Group family of
businesses
(please see www.UberDATE.com ), which as of the date of this
policy includes websites and apps and
other companies and websites. We may obtain both personal and non-personal information about you
from other UberDATE Group businesses, business partners, contractors and other third parties. We may
also receive information about our users from third party social platforms, such as Facebook. When
you access or use our website or mobile application through such a site, you allow us to access or
collect information made available by the third party site in accordance with its privacy policy.
This information may be available from your profile or account with such site or from cookies placed
on your device by the third party platform.
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Information about others .We may collect and store personal information about other people
that
you provide to us, such as their name, address and email address. If you use our website or
application to send others (friends, relatives, colleagues, etc.) a product as a gift, we may store
your personal information, and the personal information of each such recipient in order to process
those requests or facilitate future activities.
Use of cookies and other technologies to collect information. We use various technologies to collect
information from your device and about your activities on our site or application.
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Information collected automatically. We automatically collect information from your browser
or
device when you visit our website or application. This information could include your IP address,
device ID, your browser type and language, access times, the content of any undeleted cookies that
your browser previously accepted from us (See "Cookies" below) and the referring website address.
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Cookies and Use of Cookie Data. When you visit our website or application, we may assign
your
device one or more cookies to facilitate access to our site and to personalize your online
experience. Through the use of a cookie, we also may automatically collect information about your
online activity on our site, such as the web pages you visit, the time and date of your visits, the
links you click, and the searches you conduct on our site. During your visits to other websites
where we advertise, we (or third parties) may use certain data collected on our site to show you the
type of UberDATE.com advertisements likely to be of greater interest to you. Although you may not
opt out of receiving online advertisements generally, you may control the collection of data on our
site used for targeted UberDATE.com advertising during your visits to other websites. To opt-out of
UberDATE.com data collection for targeted advertising on other sites. Most browsers automatically
accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to
decline , please note that you may not be able to sign in or use some of the interactive features
offered on our website.
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Other Technologies. We may use standard Internet technology, and other technologies that
facilitate personalization to track your use of our site. We also may use these technologies in
advertisements or email messages to determine whether messages have been opened and acted upon. The
information we obtain in this manner enables us to customize the services we offer our website
visitors to deliver targeted advertisements and to measure the overall effectiveness of our online
advertising, content, programming or other activities.
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Information collected by third-parties. We may allow service providers, UberDATE Group
companies,
advertising companies and ad networks, and other third parties to display advertisements on our
site. These companies may use tracking technologies, such as cookies , to collect information about
users who view or interact with their advertisements. Our website does not provide any personal
information to these third parties. This information allows them to deliver targeted advertisements
and gauge their effectiveness.
How we use the information we collect
In General. We may use information that we collect about you to:
- deliver our products and services, and manage our business;
- manage your account and provide you with customer support ;
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perform research and analysis about your use of, or interest in, our products, services, or
content, or products, services or content offered by others ;
-
communicate with you by email, postal mail, telephone and/or mobile devices about products or
services that may be of interest to you either from us, other UberDATE Group companies or other
third parties;
-
develop and display content and advertising tailored to your interests on our site and other sites,
including providing our advertisements to you when you visit other sites ;
- perform ad tracking and website or mobile application analytics ;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes ;
- enforce or exercise any rights in our terms and conditions ;
- perform functions as otherwise described to you at the time of collection; and
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register you with and display your profile on other online dating and other social websites owned
by UberDATE Group.
Financial information. We may use financial information or payment method to process payment for
any
purchases, enroll you in the discount, rebate, and other programs in which you elect to participate, to
protect against or identify possible fraudulent transactions, and otherwise as needed to manage our
business
Job applicants. If your personal information is submitted when applying for a position with our
company,
the information will be used solely in connection with considering and acting upon your application. We
may retain your personal information for a period of time, but only for the purpose of considering your
application for current or future available positions. This information, which may include your name and
contact information, prior education and experience, and other information you provided to us, may be
shared with other UberDATE Group companies for the purpose of evaluating your qualifications for the
particular position or other available positions, as well as with third-party service providers retained
by us to collect, maintain and analyze candidate submissions for job postings.
In all circumstances, we may perform these functions directly or use a third party vendor to perform
these functions on our behalf who will be obligated to use your personal information only to perform
services for us. Also, if you access our website, mobile applications or other online services from a
third party social platform, such as Facebook, we may share non-personal information with that platform
to the extent permitted by your agreement with it and its privacy settings.
With whom we share your information
Personal information. We do not share your personal information with others except as indicated
below or
when we inform you and give you an opportunity to opt out of having your personal information shared. We
may share personal information with:
-
Service providers . We may share information, including personal information, with third
parties
that perform certain services on our behalf. These services may include fulfilling orders, providing
customer service and marketing assistance, performing business and sales analysis, ad tracking and
analytics, member screenings, supporting our website or application functionality, and supporting
contests, sweepstakes, surveys and other features offered through our site. We may also share your
name, contact information and credit card information with our service providers who process credit
card payments. These service providers may have access to personal information needed to perform
their functions but are not permitted to share or use such information for any other purposes.
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Business partners. When you register or make purchases on our website or click-through our
advertisements offered on third party websites or applications, we may share personal information
with the businesses with which we partner to offer you the applicable products, services or any
advertisements. When you elect to engage in a particular merchant's offer or program, you authorize
us to provide your email address and other information to that merchant.
-
We may share information we collect, including your profile and personal information companies. As
part of our online service, your profile may be registered on and/or appear in search results or
other areas of other online dating websites owned by the UberDATE Group. Each UberDATE Group company
complies with its Privacy Policy.
-
Other Situations . We also may disclose your information, including personal information:
-
In response to a subpoena or similar investigative demand, a court order, or a request for
cooperation from a law enforcement or other government agency; to establish or exercise our
legal rights; to defend against legal claims; or as otherwise required by law. In such
cases, we may raise or waive any legal objection or right available to us.
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When we believe disclosure is appropriate in connection with efforts to investigate,
prevent, or take other action regarding illegal activity, suspected fraud or other
wrongdoing; to protect and defend the rights, property or safety of our company, our users,
our employees, or others; to comply with applicable law or cooperate with law enforcement;
or to enforce our website terms and conditions or other agreements or policies.
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In connection with a substantial corporate transaction, such as the sale of our business, a
divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Aggregated and/or non-personal information. We may share non-personal information we collect under any
of the above circumstances. We may also share it with UberDATE Group companies and third parties to
develop and deliver targeted advertising on our site and on websites or applications of third parties,
and to analyze and report on advertising you see. We may combine non-personal information we collect
with additional non-personal information collected from other sources. We also may share aggregated,
non-personal information, or personal information in hashed, non-human readable form, with third
parties, including advisors, advertisers and investors, for the purpose of conducting general business
analysis, advertising, marketing or other business purposes. For example, we may engage a data provider
who may collect web log data from you (including IP address and information about your browser or
operating system), or place or recognize a unique cookie on your browser to enable you to receive
customized ads or content. The cookies may reflect de-identified demographic or other data linked to
data you voluntarily have submitted to us (such as your email address), that we may share with a data
provider solely in hashed, non-human readable form. We may also share your geolocation information in
de-identified form with UberDATE Group companies and third parties for the above purposes. To opt out of
the sharing of your geolocation information, please visit the 'Account Settings' page for your account.
Do Not Track Disclosure
Do Not Track ("DNT") is a privacy preference that users can set in their web browsers. DNT is a way for
users to inform websites and services that they do not want certain information about their webpage
visits collected over time and across websites or online services. We are committed to providing you
with meaningful choices about the information we collect and that is why we provide the opt-out links in
the Privacy Policy. However, we do not recognize or respond to any DNT signals as the Internet industry
works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to
responding to DNT.
Third-party websites
There are a number of places on our website where you may click on a link to access other websites that
do not operate under this Privacy Policy. For example, if you click on an advertisement on our website,
you may be taken to a website that we do not control. These third-party websites may independently
solicit and collect information, including personal information, from you and, in some instances,
provide us with information about your activities on those websites. We recommend that you consult the
privacy statements of all third-party websites you visit by clicking on the "privacy" link typically
located at the bottom of the webpage you are visiting
How you can access your information
If you have an online account with us, you have the ability to review and update your personal
information online by logging into your account settings.
Applicable privacy laws may allow you the right to access and/or request the correction of errors or
omissions in your personal information that is in our custody or under our control. Our Privacy Officer
will assist you with the access request. This includes:
- Identification of personal information under our custody or control; and
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Information about how personal information under our control may be or has been used by us.
We will respond to requests within the time allowed by all applicable privacy laws and will make every
effort to respond as accurately and completely as possible. Any corrections made to personal information
will be promptly sent to any organization to which it was disclosed. In certain exceptional
circumstances, we may not be able to provide access to certain personal information we hold. For
security purposes, not all personal information is accessible and amendable by the Privacy Officer. If
access or corrections cannot be provided, we will notify the individual making the request within 30
days, in writing, of the reasons for the refusal.
Data retention
If you have an online account with us, you may close your account at any time by visiting the 'Account
Settings' page for your account. After you close your account, you will not be able to sign in to our
website or access any of your personal information. However, you can open a new, separate account at any
time or re-activate your previous account by following instructions we will give you at the time you
close your account. If you close your account, we may still retain certain information associated with
your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect
any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity
of our website or our users, or take other actions otherwise permitted by law. In addition, if certain
information has already been provided to third parties as described in this Privacy Policy, retention of
that information will be subject to those third parties' policies
Your choices about collection and use of your information
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You can choose not to provide us with certain information, but that may result in you being unable
to use certain features of our site because such information may be required in order for you to
register as a member; purchase products or services; participate in a contest, promotion, survey, or
sweepstakes; ask a question; or initiate other transactions.
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When you register on our site, you consent to receive email messages from us. You may modify this
consent later by visiting the "Account Settings" page associated with your account. At any time you
can choose to no longer receive commercial or promotional emails from us by visiting the "Account
Settings" page associated with your account. You also will be given the opportunity, in any
commercial email that we send to you, to opt out of receiving such messages in the future. It may
take up to 10 days for us to process an opt-out request. We may send you transactional and
relationship emails, such as service announcements, administrative notices, and surveys, without
offering you the opportunity to opt out of receiving them. Please note that changing information in
your account, or otherwise opting out of receipt of promotional email communications, will only
affect future activities or communications from us. If we have already provided your information to
a third party (such as a service provider) before you have changed your preferences or updated your
information, you may have to change your preferences directly with that third party.
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Our applications may also deliver notifications to your phone or mobile device. You can disable
these notifications in your device’s settings in your UberDATE.com account under "Account Settings"
or by deleting the relevant application.
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You can also control information collected by cookies. See – below for information about declining
or deleting cookies.
How we protect your personal information
We take appropriate security measures (including physical, electronic and procedural measures) to help
safeguard your personal information from unauthorized access and disclosure. We want you to feel
confident using our website to transact business. However, no system can be completely secure.
Therefore, although we take steps to secure your information, we do not promise, and you should not
expect, that your personal information, searches, or other communications will always remain secure.
Users should also take care with how they handle and disclose their personal information and should
avoid sending personal information through insecure email. Please refer to the Federal Trade
Commission's website at https://www.ftc.gov/bcp/menus/consumer/data.shtm
for information about how to
protect yourself against identity theft.
You agree that we may communicate with you electronically regarding security, privacy, and
administrative issues, such as security breaches. We may post a notice on our Service if a security
breach occurs. We may also send an email to you at the email address you have provided. You may have a
legal right to receive this notice in writing. To receive free written notice of a security breach (or
to withdraw your consent from receiving electronic notice), please notify us at
info@UberDATE.com.
Information you provide about yourself while using our service
We provide areas on our site where you can post information about yourself and others and communicate
with others or upload content such as photographs. Such postings are governed by our Terms of Use. In
addition, such postings may appear on other websites or when searches are executed on the subject of
your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web
pages, that information will be publicly available and can be collected and used by others. For example,
if you post your email address, you may receive unsolicited messages. We cannot control who reads your
posting or what other users may do with the information you voluntarily post, so we encourage you to
exercise discretion and caution with respect to your personal information.
Children's privacy
Although our website is a general audience site, we restrict the use of our service to individuals age
18 and above. We do not knowingly collect personal information from children under the age of 13.
Onward transfer and consent to international processing
We are a growing corporation with users and operations in multiple countries, including the European
Union. We have developed data practices designed to assure information is appropriately protected but we
cannot always know where personal information may be accessed or processed. While our primary data
centers are in the United States, we may transfer personal information or other information to our
offices outside of the United States. In addition, we may employ other companies and individuals to
perform functions on our behalf. If we disclose personal information to a third party or to our
employees outside of the United States, we will seek assurances that any information we may provide to
them is safeguarded adequately and in accordance with this Privacy Policy and the requirements of
applicable privacy laws.
If you are visiting from the European Union or other regions with laws governing data collection and
use, please note that you are agreeing to the transfer of your personal data, including sensitive
data,
by UberDATE.com from your region to countries which do not have data protection laws that provide the
same level of protection that exists in countries in the European Economic Area, including the United
States. By providing your personal information, you consent to any transfer and processing in accordance
with this Policy.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any
personal information relating to users of the website
Changes to this Privacy Policy
We will occasionally update this Privacy Policy. When we post changes to this Privacy Policy, we will
revise the 'last updated' date at the top of this Privacy Policy. We recommend that you check our
website from time to time to inform yourself of any changes in this Privacy Policy or any of our other
policies.
How to contact us
If you have any questions about this Privacy Policy, please contact us by email or postal mail as
follows:
Privacy Officer
2118 Santiago Drive, Newport Beach,
CA 92660
info@UberDATE.com
Linked information :
1. Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies
can be either session cookies or persistent cookies. A session cookie expires when you close your
browser and is used to make it easier for you to navigate our website. A persistent cookie remains on
your hard drive for an extended period of time. Cookies on our website do not link to or store your
personal information.
For example, when you sign in to our website, we will record your user or member ID and the name
associated with your user or member ID in the cookie file on your computer. We also may record your
password in this cookie file, if you indicated that you would like your password saved for automatic
sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member
account-related data that we store in such cookies. In the case of sites and services that do not use a
user or member ID, the cookie will contain a unique identifier. We may allow our authorized service
providers to serve cookies from our website to allow them to assist us in various activities, such as
doing analysis and research on the effectiveness of our site, content and advertising.
We may allow third-parties, including advertising companies, analytics companies, and ad networks, to
display advertisements on our site. These companies may use tracking technologies, such as cookies, to
collect information about users who view or interact with their advertisements or our website or mobile
applications. We do not provide any non-masked or non-obscured personal information to these third
parties, but they may collect information about where you, or others who are using your device, saw
and/or clicked on the advertisements they deliver (such as click stream information, browser type, time
and date, subject of advertisements clicked or scrolled over, etc.), and possibly associate this
information with your subsequent visits to the advertised websites or other data they have collected.
They also may combine this information with personal information they collect from you to provide
advertisements about goods and services likely to be of greater interest to you. The collection and use
of that information is subject to the third-party's privacy policy. Some of these third-party
advertising companies may be advertising networks that are members of the Network Advertising
Initiative, which offers a single location to opt out of ad targeting from member companies and provides
information about this behavioral advertising practice (www.networkadvertising.org).This
policy covers
the use of cookies by UberDATE.com only and does not cover the use of cookies by any advertisers.
Opting-Out of Advertising Cookies.
You may opt out of our data collection for use by third party ad companies to provide targeted
UberDATE.com advertising to you when you visit other sites. Cookies are unique to each computer.
Therefore, you must opt out separately on all computers you use. If you delete all of your cookies
(specifically, the "Opt-Out" cookie), you will have to go through the opt-out process again to
reactivate your opted-out status. You can opt out of receiving such advertising-related cookies.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique
identifier, similar in function to cookies, and are used to track the online movements of web users or
to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are
embedded invisibly on the web pages (or in email) and are about the size of the period at the end of
this sentence.
How to Date Safely
At UberDATE, user safety is a priority. We understand that meeting someone for the first time whether
online, through an acquaintance or on an outing is intriguing and exciting, however, your safety is very
important and because you are in control of your UberDATE experience, there are certain safety steps
that you should follow while dating – both online and offline.
We ask you to read the tips and information below, and strongly urge you to follow these guidelines in
the interest of your personal safety and well-being. However, you are always the best judge of your own
safety, and these guidelines are not intended to be a substitute for your own judgment.
Online Behavior
Finance: Protect Your Finances & Never Send Money or Financial Information
Never respond to any request to send money, especially overseas or by wire transfer, and report it to us
immediately – even if the person claims to be in an emergency. Wiring money is like sending cash: the
sender has no protections against loss and it’s nearly impossible to reverse the transaction or trace
the money. For more information, click on the video below to the U.S. Federal Trade Commission's advice
to avoid online romance scams, also available here:
https://onguardonline.gov/articles/0004-online-dating-scams.
Online Romance Imposter Scams
Imposters promise romance to users of online dating sites to trick them into sending money
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Protect Your Personal Information
Never give personal information, such as: your social security number, credit card number or bank
information, or your work or home address to people you don’t know or haven’t met in person.
Note: UberDATE will never send you an email asking for your username and password information. Any such
communications should be reported immediately.
Be Web Wise
Block and report suspicious users. You can block and report concerns about any suspicious user
anonymously from any profile page, email or messaging window. Keep conversations on the platform. Bad
actors will try to move the conversation to text, personal email or phone conversations.
Report All Suspicious Behavior
Additionally, please report anyone who violates our terms of use. Examples of terms of use violations
include:
- Asking you for money or donations.
- Requesting photographs.
- Minors using the platform.
- Members sending harassing or offensive messages or emails.
- Members behaving inappropriately during or after meeting in person.
- Fraudulent registration or profiles.
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Spam or solicitation, such as invitations to call 1-900 numbers or attempts to sell products or
service.
Offline Behavior
First in-person meetings are exciting, but always take precautions and follow these guidelines to help
you stay safe.
Get to Know the Other Person
Keep your communications on the platform and really get to know users online before meeting them in
person. Bad actors often push people to communicate off the platform immediately. It’s up to you to
research and do your due diligence.
Always Meet and Stay in Public
Meet for the first few times in a populated, public place – never in a private or remote location and
never at your date’s home or apartment. If your date pressures you, end the date and leave at once.
Tell Your Friends and Family Members of Your Plans
Inform a friend or family member of your plans and when and where you’re going. Make sure you have your
cell phone charged and with you at all times.
Transport Yourself to and from the Meeting
You need to be independent and in control of your own transportation, especially in case things don’t
work out.
Stay Sober
Consumption of alcohol and/or other drugs can impair your judgment and potentially put you in danger.
It’s important to keep a clear mind and avoid anything that might place you at risk. Be aware that bad
actors might try to take advantage of you by altering your beverage(s) with synthetic substances.
Health
UberDATE welcomes everyone and empowers our community of users to create and cultivate relationships. An
important aspect of any healthy relationship though – whether formed on UberDATE or otherwise – is
ensuring proper sexual health and safety. And as an essential member of the UberDATE community it is
your responsibility to make sure you do the following, if you choose to engage in sexual activity.
Protect Yourself
You and your partner should use proper protection. Condoms and other mechanisms can significantly reduce
the risk of contracting or passing on an STI, such as HIV. However, you can still get certain STI’s,
like herpes or HPV from contact with your partner’s skin even when using a condom. To be effective,
however, protective measures must be used consistently.
Be Open and Honest
It is completely reasonable to have a conversation with your partner regarding sex and sexual contact
before actually having it. All issues ranging from the number of partners each of you has had, to the
last time each of you was tested for STI’s are fair game. Many STI’s are curable or treatable. If either
you or your partner has an STI that is curable, you both need to start treatment to avoid becoming
re-infected. It is important to be completely honest in these conversations.
Vaccinate
The risk of contracting some STI’s can be reduced through vaccination. Talk to your doctor or a
professional at a sexual health clinic to learn more.
Know Your Status
Know your status. Some STI’s don't show symptoms. Regular testing is critical to staying on top of your
health and helping prevent the spread of STI’s After testing, always ask for a copy of your test results
so you are sure of your status.
For Further Help, Support or Advice
In the case that something has happened, immediately call 911. Emergency situations include a recent
threat of violence or sexual violence, recent act of violence or sexual violence or if your health or
someone else’s is in danger.
If something has happened and you’re in need of help, support or advice pertaining to physical or sexual
assault, please call the below 24hr hotlines.
Rape, Abuse and Incest National Hotline
1-800-656-HOPE I www.rainn.org
Planned Parenthood
1-800-230-7526 I www.plannedparenthood.org
National Domestic Violence Hotline
1-800-799-SAFE (7233) or 1-800-787-3224 I www.thehotline.org
Additionally, if you are aware on anyone who violates our terms of use please report them here
About The National Cyber Security Alliance (NCSA)
The National Cyber Security Alliance is a non-profit organization. Through collaboration with the
government, corporate, non-profit and academic sectors, the mission of the NCSA is to empower a digital
citizenry to use the Internet securely and safely protecting themselves and the technology they use and
the digital assets we all share. NCSA works to create a culture of cyber security and safety through
education and awareness activities. NCSA board members include: ADP, AT&T, Bank of America, EMC
Corporation, ESET, Facebook, Google, Intel, McAfee, Microsoft, PayPal, Science Applications
International Corporation (SAIC), Symantec, Trend Micro, Verizon and Visa.
About STOP. THINK. CONNECT.
The campaign was developed by the STOP. THINK. CONNECT. Messaging Convention, a public-private
partnership established in 2009 and led by The Anti-Phishing Working Group (APWG) and National Cyber
Security Alliance (NCSA) to develop and support a national cyber-security awareness campaign. In October
2010 the White House, U.S. Department of Homeland Security and Messaging Convention launched the
campaign. The Department of Homeland Security provides the Federal Government's leadership for the
campaign. Industry, government, non-profits and education institutions participate in STOP. THINK.
CONNECT.
STOP. THINK. CONNECT.™ is a trademark of the STOP. THINK. CONNECT. Messaging Convention, Inc. The logos
and artwork connected with the STOP. THINK. CONNECT. trademark are copyrighted, 2014. All Rights
Reserved. The trademark and logo may only be used in accordance with the license provided at
www.stopthinkconnect.org/license
Arbitration Procedures
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Overview. Arbitration is an alternative to litigation where a neutral person (the
arbitrator)
hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with
a fair hearing in a manner that is faster and less formal than court proceedings. The following
procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving
you and UberDATE.com.
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Pre-Arbitration Dispute Resolution. UberDATE.com is always interested in resolving
disputes amicably
and efficiently. So before you commence an 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 online or
at UberDATE.com Legal, 2118 Santiago Drive, Newport Beach, CA 92660.
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Administrator. The administrator for the arbitration is the American Arbitration
Association
(“AAA”), a non-profit organization that is not affiliated with UberDATE.com. The AAA facilitates,
but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute
will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please
visit its website, https://www.adr.org.Information
about the AAA’s rules and fees for consumer
disputes can be found at the AAA’s consumer arbitration page,
https://www.adr.org/consumer_arbitration.
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Applicable Rules. The arbitration will be governed by the AAA’s Consumer Arbitration
Rules (the
“AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the
AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the
arbitrator determines that strict application of the Arbitration Procedures would not result in a
fundamentally fair arbitration, the arbitrator may make any order necessary to provide a
fundamentally fair arbitration that is consistent with the AAA Rules.
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Commencing an Arbitration. To commence an arbitration against UberDATE.com, you must
complete a
short form, submit it to the AAA, and send a copy to UberDATE.com at UberDATE.com Legal, 2118
Santiago Drive, Newport Beach, CA 92660. To learn more about commencing an arbitration and to obtain
a form to institute arbitration, see the AAA’s claim filing page, , and
its guide on Representing Yourself in Arbitration, https://info.adr.org/prose/.
You may represent
yourself in the arbitration or have a lawyer (or some other representative) act on your behalf. Upon
receipt of an arbitration claim, UberDATE.com may assert any counterclaims it may have against the
complaining party.
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Fees. You are responsible for paying your portion of the fees set forth in the AAA’s
fee schedule
for consumer disputes. UberDATE.com will pay all remaining fees. If your claim against UberDATE.com
is for less than $1,000, we will pay all fees. If you believe you cannot afford the AAA’s fee, you
may apply to the AAA for a fee waiver.
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Selection of the Arbitrator. The parties, using the AAA’s standard procedures, will
select a
single arbitrator from a roster of neutrals prepared by the AAA.
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Discovery. Each party may (a) request relevant, non-privileged documents from the other
party;
and (b) request that the other party provide the particulars of its claims or defenses. Any such
discovery requests must be served on the other party within 10 days after the arbitrator’s
appointment. The responding party shall provide the requesting party with all responsive,
non-privileged documents, the requested particulars, and/or any objections to the requests within 15
days after receipt of the requests. Any disputes about discovery or requests for extensions shall be
submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or
extension request, the arbitrator shall take into consideration the nature, amount, and scope of the
underlying arbitration claim, the cost and other effort what would be involved in providing the
requested discovery, the case schedule, and whether the requested discovery is necessary for the
adequate preparation of a claim or defense.
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Communications with the Arbitrator. Whenever communicating with the arbitrator, the
parties must
include each other – for example, by including the other party on a telephone conference call and
copying the other party on any written submissions, such as letters or emails. To the extent
practicable, conferences with the arbitrator will take place by telephone conference call or email.
Ex parte communications are not permitted with any arbitrator.
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Confidentiality. Upon either party’s request, the arbitrator will issue an order
requiring that
confidential information of either party disclosed during the arbitration (whether in documents or
orally) may not be used or disclosed except in connection with the arbitration or a proceeding to
enforce the arbitration award and that any permitted filing of confidential information must be done
under seal.
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Arbitration Award. The arbitrator will render a written decision within 14 days after
the
hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are
due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of
the reasons for the award.