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TERMS OF USE

ACCEPTANCE OF TERMS AND CONDITIONS

1. Welcome to TRUE.com® (“TRUE”). Throughout these Terms of Use, the words "you" and "your" will refer to you, the user, of our web site. As a user you may become a member of TRUE (“Member”) at no cost and will have the ability to participate in some, but not all, of the TRUE features and services. In order to access additional TRUE features and services, including the ability to communicate with other users, you must become a paying subscriber (“Subscriber”) to TRUE and its related features and services (collectively, the “Service”) (both Member and Subscriber accounts shall be referred to herein as the “Account”). These Terms of Use, along with our Code of Ethics, Terms and Conditions, and other applicable rules and guidelines including but not limited to our Privacy and Use Policy (collectively, the “Agreement”) govern any and all use of the TRUE.com web site including but not limited to the Service whether or not you register as a Member, a Subscriber or actively access the Service. Your use of the True.com web site, including but not limited to the Service whether or not you register as a Member, a Subscriber or actively access the Service indicates your full acknowledgement, understanding, agreement and acceptance of the terms of the Agreement. As you sign up, please read this Agreement carefully. You can complete your sign-up and become a Member or Subscriber only by following the steps below. USAGE CONSTITUTES ACCEPTANCE OF THE TERMS OF THE AGREEMENT, WHETHER OR NOT YOU ARE A MEMBER, SUBSCRIBER OR ACTIVELY ACCESS THE SERVICE SO ONCE YOU CLICK ON THE BUTTON AT THE END OF YOUR SIGN-UP FORM, YOU ARE FURTHER INDICATING THAT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE PROVISIONS CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT USE THE SERVICE. SUBSCRIPTION TO THE SERVICE IS VOID WHERE PROHIBITED.

2. Changes to This Agreement. It is your responsibility to visit the "Terms of Use" link on your My Account page to periodically review the most current terms and conditions. THIS AGREEMENT MAY BE UPDATED AT ANY TIME WITHOUT NOTICE. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF ANY CHANGES AND REVISIONS TO THIS AGREEMENT. Your use of the Service is also subject to additional guidelines or rules posted in certain areas of the web site. These additional guidelines and rules are incorporated into this Agreement by reference. IF YOU OBJECT TO ANY TERMS OR CONDITIONS OF THIS AGREEMENT OR ANY SUBSEQUENT MODIFICATIONS, OR IF YOU BECOME DISSATISFIED WITH THE SERVICE IN ANY WAY, YOU AGREE THAT YOUR SOLE RECOURSE IS TO IMMEDIATELY (1) DISCONTINUE USE OF THE SERVICE; (2) CANCEL YOUR SUBSCRIPTION; AND (3) PROPERLY NOTIFY OUR CUSTOMER CARE DEPARTMENT OF YOUR CANCELLATION AS REQUIRED BY THE TERMS OF THIS AGREEMENT.

RESPONSIBILITIES OF MEMBERS AND SUBSCRIBERS

3. Content. You will be solely responsible for the content or information that you provide, publish, display or otherwise communicate to TRUE or through the Service or to other Members and Subscribers, including but not limited to materials posted on the web site or through the Service email messages, photos and profiles. You consent to and license TRUE's use and disclosure of the content that you furnish in providing the Service. Additionally, you grant and you represent and warrant that you have the right to grant, to TRUE, its affiliates, licensees and successors and other non-affiliated third parties an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing in any medium. You further represent and warrant that public posting and use of your content by TRUE will not infringe or violate the rights of any third party.

4. Account Security. You understand, acknowledge and agree you are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify TRUE of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. You acknowledge that TRUE will not be liable for any loss or damage arising from your failure to comply with this provision. You agree to use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

5. Code of Ethics
You agree to adhere to the TRUE Code of Ethics and certify that:

You are at least eighteen (18) years old.
You have never been convicted of a felony or any criminal offense characterized as a sexual offense. (This certification will be verified through TRUE's Criminal Screening)
You are not married. (This certification may be verified for U.S. citizens)
You will be truthful, accurate and complete in the information presented in your Personal Profile.
You will maintain any photos posted to your Personal Profile to within 2 years of the date taken.
You will truthfully answer the questions in the TRUE Compatibility Test®, the TRUE Sexploration® test, and any other tests, surveys or similar exercises completed through the Service including but not limited to the information you provide for purposes of background screening.
You will not use any defamatory, abusive, obscene, profane, threatening, harassing or otherwise offensive or illegal material when using the Service or in communications with other TRUE Members and Subscribers.
You will treat all fellow Members and Subscribers with dignity and respect.
You will notify TRUE promptly of any Member's or Subscriber’s violation of the terms of this Agreement or this Code of Ethics.

6. Verification of Certifications
You hereby authorize TRUE to confirm your age, criminal background and/or marital status and You agree to provide to TRUE, upon request, complete, accurate and current information confirming eligibility for subscription or membership.

7. Use of Services
(a) You will only use the Service for your sole, personal use and you will not authorize others to use the Service or otherwise transfer your right to use the Service to any other person or entity.
(b) You will use the Service, including but not limited to the content you post through the Service, in a manner consistent with any and all applicable local, state, national and international laws and regulations.
(c) You will not provide inaccurate, misleading, incomplete or false information to TRUE or to any other, Member or Subscriber.
(d) You will not use the Service or the system providing the Service to transport to any other user any obscene, profane, defamatory, offensive, threatening, harassing, or illegal materials that offend or violate any other party's rights.
(e) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Service and you will not transmit any chain letters or junk email to other TRUE Members or Subscribers.
(f) You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted, trademarked or proprietary information or materials without the prior consent of the owner of such proprietary rights.
(g) You will only create one (1) unique profile for the Service provided. You will not include any telephone numbers, street addresses, last names, URLs, or email addresses in any content, email, chat message or any other communication.
(h) You acknowledge that TRUE provides free trial offers of various lengths such as 3, 7 and 10 days, that such offers are subject to additional terms and conditions, and that you will review and accept all applicable terms and conditions before You select a trial offer. YOU ACKNOWLEDGE THAT TRUE WILL CHARGE YOUR ACCOUNT FOLLOWING THE EXPIRATION OF YOUR TRIAL OFFER IF YOU HAVE NOT PROPERLY CANCELED BY SPEAKING WITH A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA, DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)) OR BY FOLLOWING THE INSTRUCTIONS AT THE LINK “CANCEL MY SUBSCRIPTION” PROVIDED ON THE MY ACCOUNT PAGE.
(i) You agree to pay the charges for the use of the Service.
(j) You acknowledge that the results of TRUE's scientifically based compatibility tests are to measure TRUE Compatibility^® and identify matches based on the TRUE model of compatibility and that test scores are not intended to provide a professional diagnosis of personality or psychological state. You acknowledge that TRUE's scientifically based compatibility tests are not intended for professional use, are offered for personal use only and that any unauthorized use of these tests by a third party and/or for any other purpose(s), including psychological diagnosis/treatment or personnel assessment is strictly prohibited.

8. Prohibited Activities. You agree that TRUE has the right to investigate, prosecute you individually and/or terminate your Account and cancel your subscription if you have violated the terms of this Agreement, misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful, illegal or unsafe in TRUE’s sole judgment. You acknowledge the following is a partial list of the type of actions that you may not engage in with respect to the Service:
(a) You will not impersonate any person or entity.
(b) You will not physically harm or inflict bodily injury on any person or physically damage or destroy any property, nor will you engage in conduct or actions that in any way could result in physical harm or bodily injury to any person or damage to or destruction of any property.
(c) You will not "stalk" or otherwise harass any person.
(d) You will not express or imply that any statements you make are endorsed by TRUE.
(e) You will not 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 Service or its contents.
(f) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(g) You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(h) You will not interfere with or disrupt the Service or the web site associated with the Service or the servers or networks connected to the Service or the web site.
(i) You will not post, 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.
(j) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(k) You will not "frame" or "mirror" any part of the Service or the web site associated with the Service, without TRUE’s prior written authorization. You also shall not use metatags or code or other devices containing any reference to TRUE or the Service or the web site associated with the Service in order to direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse-engineer, decipher, decompile or otherwise disassemble any portion of the Service or the web site associated with the Service or any software used with or for the Service or cause others to do so.

CUSTOMER SERVICE

9. Communication with Customer Care Representatives. TRUE provides assistance and guidance through its Customer Care Representatives. When communicating with our Customer Care Representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we believe 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 or subscription without any refund of unused subscription fees.

TRUE RIGHTS

10. TRUE's Content Review; No Duty to Monitor. You understand, acknowledge and agree that TRUE has no duty to prescreen, control, monitor or edit the content posted by Members or Subscribers using the Service and is not liable for content that is provided by others and you understand, acknowledge and agree that TRUE may, but is not required to, review, edit and delete any content, email, messages, photos, chat or profiles that, in TRUE's sole judgment, violates this Agreement or which may be offensive, illegal, unsafe or that might violate the rights of other Members or Subscribers. If you are using the Service without cost (e.g., through a free trial or other form of free membership privileges), then you also agree that (a) you will not share an email address, instant message address or other similar address with TRUE Members or Subscribers other than your True.com email address, and (b) TRUE has the right to remove any such address from your email or other communications and/or to substitute your TRUE email address in place of such address in your communications. Notwithstanding these rights of TRUE, YOU AGREE THAT YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF INFORMATION YOU PROVIDE TO TRUE AND THE MATERIALS YOU POST THROUGH USE OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES.

11. Proprietary Rights. You acknowledge TRUE owns and retains all proprietary rights in the Service and its web site. The web site and the Service contain the copyrighted material, trademarks, and other proprietary information of TRUE and its licensors. You understand, acknowledge and agree that you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

12. Changes to Services. You understand, acknowledge and agree the Service provided by TRUE is expected to change from time to time and you understand, acknowledge and agree that TRUE, in its sole judgment, has the right to modify, change, suspend or discontinue temporarily or permanently any Service offered, the features or any part of any Service offered or its system without notice, including changes to access and use procedures. You understand, acknowledge and agree TRUE will not be liable to you or any third party for any modification, change, suspension or discontinuance of the Service.

13. Blocking IP Addresses. You understand, acknowledge and agree that in order to protect the integrity of the Service, TRUE reserves the right at any time in its sole judgment to block Members or Subscribers with certain IP addresses from accessing the Service.

14. Informed Consent to Participation in Research. You understand, acknowledge and agree that TRUE is committed to the development and delivery of scientifically based products and services and therefore may conduct consumer research on an ongoing basis. You understand, acknowledge and agree these research practices include, but are not limited to, the use of demographic and survey data collected by TRUE through the Service that may be used in scientific or consumer reports that are published online or in other media for the purpose of furthering the advancement of science and consumer education in the dynamics of romantic compatibility. By using the Service, you agree to allow TRUE to anonymously use such research data that may be provided by or about you as well as your experiences through use of the Service in order to continue TRUE’s research into successful relationships. You understand, acknowledge and agree that this research, conducted by psychologists and behavior research scientists, may be published in academic journals. You understand that all of your responses will be kept anonymous, and no personal identifying information will ever be published. You understand you have the right to voluntarily revoke this consent to participate in research at any time in writing by contacting a TRUE service representative. You understand that refusal to participate or revocation of your informed consent to participate in research will result in no penalty or loss of benefits to which you are otherwise entitled. You further understand, acknowledge and agree that use of research data that you provide is otherwise at the discretion of TRUE. You understand, acknowledge and agree that this Agreement in no way constitutes consent to a therapeutic relationship and further understand, acknowledge and agree that TRUE has no responsibility nor any liability whatsoever with respect to your mental or physical health. You understand and acknowledge that you can find out more about the standards TRUE follows in conducting scientific research at the following site: http://www.hhs.gov/ohrp/humansubjects/guidance/belmont.htm.

SUBSCRIPTIONS, CHARGES ON YOUR ACCOUNT, AUTO-RENEWAL POLICY, FREE TRIALS AND REACTIVATION

15. General. You agree to be billed by TRUE through an online billing account (your "Billing Account") for use of the Service. You agree to pay TRUE all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize TRUE to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. You understand, acknowledge and agree that TRUE reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You understand, acknowledge and agree that TRUE may accept late or partial payments, as well as payments that reflect “paid in full” or other restrictive endorsements, without losing any of its rights under this Agreement.

16. Recurring Billing. You understand and acknowledge that most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you understand and acknowledge that your subscription has an initial and recurring payment feature and you agree to accept responsibility for all recurring charges prior to cancellation. YOU AUTHORIZE TRUE TO SUBMIT PERIODIC CHARGES (E.G., EVERY 30 DAYS) WITHOUT FURTHER AUTHORIZATION FROM ME, UNTIL YOU PROPERLY PROVIDE PRIOR NOTICE BY SPEAKING WITH A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA, DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)) THAT YOU ARE CANCELLING THIS AUTHORIZATION, THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD OR THAT YOU WISH TO CANCEL YOUR SUBSCRIPTION. YOU MAY ALSO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS AT THE LINK “CANCEL MY SUBSCRIPTION” PROVIDED ON THE MY ACCOUNT PAGE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE TRUE REASONABLY COULD ACT.

17. Current Information Required. YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU AGREE TO PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU AGREE TO PROMPTLY NOTIFY TRUE IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT), UNAVAILABLE TO ACCEPT YOUR CHARGES OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE TRUE ANY OF THE FOREGOING INFORMATION, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TRUE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNLESS YOU HAVE PROPERLY CANCELLED YOUR SUBSCRIPTION FOR THE SERVICE. YOU AUTHORIZE TRUE TO UPDATE YOUR BILLING ACCOUNT AND PAYMENT METHOD INFORMATION WITH ANY BILLING ACCOUNT OR PAYMENT METHOD INFORMATION USED BY YOU IN CONNECTION WITH ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICE OR THE WEB SITE ASSOCIATED WITH THE SERVICE IF SUCH BILLING ACCOUNT OR PAYMENT METHOD INFORMATION DIFFERS FROM THE BILLING ACCOUNT AND PAYMENT METHOD INFORMATION THEN ON FILE WITH TRUE AT THE TIME OF SUCH PURCHASE.

18. Payment Method. You understand, acknowledge and agree the terms of your payment will be based on the Payment Method you selected and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If TRUE does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.

19. Auto-renewal. You understand, acknowledge and agree that your subscription to the Service will be automatically extended for successive renewal periods of approximately the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. You understand, acknowledge and agree that you will not receive renewal reminders prior to being charged for such renewals, and renewal prices are subject to change without notice. TO CHANGE OR TERMINATE YOUR ACCOUNT AND CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU AGREE TO CONTACT A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA, DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)). YOU MAY ALSO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS AT THE LINK “CANCEL MY SUBSCRIPTION” PROVIDED ON THE MY ACCOUNT PAGE. You understand and acknowledge that if you terminate your Account and your subscription, you may use your subscription until the end of your then-current subscription term. You understand, acknowledge and agree that your subscription will not be renewed after your then-current term expires although your profile will remain on the True.con web site and may be viewed by other Members and Subscribers unless you request that your profile be removed. However, you understand, acknowledge and agree you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

20. Reaffirmation of Authorization. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO PROPERLY CANCEL YOUR SUBSCRIPTION BY SPEAKING WITH A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA, DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)) OR BY FOLLOWING THE INSTRUCTIONS AT THE LINK “CANCEL MY SUBSCRIPTION” PROVIDED ON THE MY ACCOUNT PAGE TO CANCEL YOUR CONTINUED USE OF THE SERVICE REAFFIRMS THAT TRUE IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD. You understand, acknowledge and agree that TRUE may submit those charges for payment and you will be responsible for such charges. You understand, acknowledge and agree this does not waive TRUE's right to seek payment directly from You. You understand, acknowledge and agree your charges may be payable in advance, in arrears or per usage, in TRUE’s sole judgment or as otherwise required by TRUE.

21. Free Trials. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY FREE TRIAL OR OTHER PROMOTION THAT PROVIDES SUBSCRIBER-LEVEL ACCESS TO THE SERVICE (“FREE TRIAL”) MUST BE USED WITHIN THE SPECIFIED TIME FOR THE FREE TRIAL. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT IF YOU SIGN UP FOR A FREE TRIAL, YOUR FREE TRIAL WILL AUTOMATICALLY CONVERT INTO A CONTINUOUS PAID MONTHLY SUBSCRIPTION AT THE END OF THE APPLICABLE FREE TRIAL PERIOD UNLESS YOU PROPERLY CANCEL BEFORE THE END OF THE FREE TRIAL PERIOD BY SPEAKING WITH A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA, DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)) OR YOU MAY FOLLOW THE INSTRUCTIONS AT THE LINK “CANCEL MY SUBSCRIPTION” PROVIDED ON THE MY ACCOUNT PAGE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU MUST PROPERLY CANCEL YOUR FREE TRIAL BEFORE THE END OF THE FREE-TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED A SUBSCRIPTION FEE.

22. Cancellation; Billing Account and Payment Method Information; Reactivation. In the event that you cancel your subscription, Free Trial or other promotion that provides Subscriber-level access to the Service, you understand, acknowledge and agree that TRUE will maintain your then-current Billing Account and Payment Method information on file. In the event you subsequently reactivate your Account through a subscription, Free Trial or other promotion that provides Subscriber-level access to the Service, you agree to pay TRUE all charges at the prices then in effect for any use of the Service by you or other persons (including Your agents) using your Billing Account and Payment Method information on file with TRUE at the time, and you authorize TRUE to charge Your Payment Method then on file with TRUE for the Service. You agree to make payment using the Payment Method on file with TRUE unless you provide new Billing Account and Payment Method information at the time you reactivate your Account. Reactivation of your Account indicates your full acknowledgement, understanding, agreement and acceptance of the terms of the Agreement.

LIMITATIONS

23. Interactions with Other Members and Subscribers; Compatibility and Safety. You understand, acknowledge and agree that TRUE makes no guarantees, either expressed or implied, regarding the effectiveness of your communication through the use of the Service or your ultimate compatibility or safety with individuals you meet through or in connection with your use of the Service. You understand, acknowledge and agree that as a Member you will not be able to communicate with other Members and Subscribers and that as a Subscriber, Members will not be able to communicate with you. You understand and acknowledge that although their profiles may be viewed some Members and Subscribers may not currently be active on or use the True.com web site, thus further affecting your ability to communicate with those Members and Subscribers. You , acknowledge and agree that TRUE makes no representations or warranties as to the conduct of Members or Subscribers and that you are solely responsible for your interaction with other TRUE Members and Subscribers. You agree to take reasonable precautions in all interactions with TRUE Members, Subscribers and other parties, and when using the Service (particularly if you decide to meet offline or in person). You agree to review and follow TRUE’s safer dating recommendations prior to using the Service.

24. LIMITATION ON LIABILITY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT NEITHER TRUE NOR ITS AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OR LOSS WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE OR YOUR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, AND/OR ANY OTHER DAMAGES RESULTING FROM USE, COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET OR WHO ARE INTRODUCED TO YOU THROUGH THE SERVICE EVEN IF TRUE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES . NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TRUE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TRUE FOR THE SERVICE.

DISCLAIMERS

25. DISCLAIMER OF WARRANTIES.
(a) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY TRUE, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE RELIED UPON. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TRUE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE AND DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS THROUGH THE SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL TRUE OR ITS AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED THROUGH THE SERVICE OR TRANSMITTED TO OR BY ANY TRUE MEMBERS OR SUBSCRIBERS.

(b) You understand, acknowledge and agree that TRUE does not warrant that your use of the Service will be secure, uninterrupted, always available, and error-free or will meet your requirements, or that any defects in the Service will be corrected. YOU ACKNOWLEDGE AND AGREE THAT TRUE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE, any error or delay in transmission, line failure, theft, destruction or unauthorized access to your communications, any problems with any telephone network or lines, computer online systems, servers or providers, software, failure of email on account of technical problems on the Internet, including injury or damage to your computer resulting from viewing or downloading materials in connection with the Web and/or in connection with the Service or the web site associated with the Service. You acknowledge and agree that TRUE expressly disclaims any warranty of fitness for a particular purpose or non-infringement and that TRUE cannot guarantee and does not promise any specific results from use of the Service.

26. User's Conduct. You understand, acknowledge and agree TRUE is not responsible for the conduct, whether online or offline, of any user of the Service.

DISPUTES AND INDEMNIFICATION

27. Disputes. YOU AGREE THAT IF THERE IS ANY DISPUTE ABOUT OR INVOLVING THE SERVICE, BY USING THE SERVICE, THE DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE TO THE EXCLUSIVE JURISDICTION OF THE APPROPRIATE STATE AND FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS AND EXCLUSIVE VENUE IN DALLAS COUNTY, TEXAS.

28. Indemnity. YOU AGREE TO INDEMNIFY AND HOLD TRUE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, AGENTS, 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 USE OF THE SERVICE IN VIOLATION OF THIS AGREEMENT AND/OR ANY BREACH OF ANY PROVISION OF THIS AGREEMENT.

MISCELLANEOUS

29. U.S. Export Controls. Software from this web site including software associated with the Service (the "Software") is further subject to United States export controls. No Software may be downloaded from the web site or through the Service or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

30. Advertisers. You acknowledge and agree that your correspondence or business dealings with advertisers found on or through the Service, including payment for 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 advertiser. You agree that TRUE shall not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such advertisers on the Service.

31. Links. You understand the Service may provide, or third parties may provide, links to other web sites or resources. You understand, acknowledge and agree that TRUE has no control over such sites and resources, and you acknowledge and agree that TRUE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TRUE 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, goods or services available on or through any such site or resource.

32. Other. This Agreement contains the entire agreement between you and TRUE regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

32. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

ACCOUNT TERMINATION, SUBSCRIPTION CANCELLATION, FEES and REFUNDS

34. Account Termination and Subscription Cancellation. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU MAY TERMINATE YOUR ACCOUNT AND CANCEL YOUR SUBSCRIPTION (INCLUDING YOUR SUBSCRIPTION TO THE TRUE.COM, COACHING CENTER PROFILE SERVICE AND TRUE CHAT) BY SPEAKING WITH A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA, DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)) OR YOU MAY FOLLOW THE INSTRUCTIONS AT THE LINK “CANCEL MY SUBSCRIPTION” PROVIDED ON THE MY ACCOUNT PAGE. IN ORDER TO CANCEL ONLY YOUR COACHING CENTER PROFILE SERVICE SUBSCRIPTION TO TRUE.COM, YOU MAY SPEAK WITH A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)) OR YOU MAY FOLLOW THE INSTRUCTIONS AT THE LINK “CANCEL MY EXCLUSIVE ACCESS TO THE COACHING CENTER” PROVIDED ON THE MY ACCOUNT PAGE. IN ORDER TO CANCEL ONLY YOUR TRUE CHAT SERVICE SUBSCRIPTION TO TRUE.COM, YOU MAY CANCEL BY SPEAKING WITH A TRUE CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 8 A.M. AND 8 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY, AND CLOSED ON SUNDAY (IN THE UNITED STATES AND CANADA DIAL 1.866.583.TRUE (8783) (TOLL FREE) OR FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY)) OR YOU MAY FOLLOW THE INSTRUCTIONS AT THE LINK “CANCEL MY EXCLUSIVE ACCESS TO TRUE LIVE CHAT” PROVIDED ON THE MY ACCOUNT PAGE. You agree that TRUE may terminate your Account and cancel your subscription for any reason or no reason, without explanation, in TRUE’s sole judgment effective upon sending notice to you at the email address you provided when signing up or such other email address you may later provide to TRUE. You acknowledge that all decisions regarding the termination of your Account and the cancellation of your subscription shall be made in the sole judgment of TRUE. You agree that even after your Account is terminated and your subscription is cancelled by TRUE, this Agreement will remain in effect. Even if your membership or subscription is terminated by you, this Agreement will remain in effect.

35. No Refund of Fees. In the event you terminate your Account and cancel your subscription or TRUE terminates your Account and cancels your subscription to the Service because you have breached this Agreement, you agree that all fees then paid to TRUE are non-refundable.

36. Cancellation and Refunds. YOU UNDERSTAND AND ACKNOWLEDGE THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF TRUE'S THIRD BUSINESS DAY, EXCLUDING SUNDAYS AND HOLIDAYS, FOLLOWING THE DATE OF YOUR ACCEPTANCE OF A FREE TRIAL OR YOUR SUBSCRIPTION TO THE SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO CANCEL YOU MUST CALL A TRUE CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS AT 1.866.583.TRUE (8783) (TOLL FREE) or FOR INTERNATIONAL CALLERS DIAL 1.214.775.0866 (TOLL CHARGES APPLY) OR FOLLOW THE INSTRUCTIONS AT THE LINK “CANCEL MY SUBSCRIPTION” PROVIDED ON THE MY ACCOUNT PAGE. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.

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YOU ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ THIS AGREEMENT AND YOU AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. YOU AGREE TO THE CHARGES FOR THE SERVICES.