Contact and Electronic Communications. By accessing the Stud or Dud Applications or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service ("Contact Information"), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
YOUR USE OF THE STUD OR DUD APPLICATIONS
Stud or Dud provides an interactive platform of public records and publicly available sources of information aggregated for your convenience. The Stud or Dud App is made available by and through the Stud or Dud Applications, and are provided for informational purposes only. While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, Stud or Dud shall not be responsible or liable for the accuracy, usefulness, availability or unavailability of any information transmitted or made available via the Stud or Dud Applications. Stud or Dud does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any Stud or Dud searches or results. Stud or Dud also reserves the right to delete any information from its interactive platform at any time.
STUD OR DUD IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS.
Restrictions on your Use of our Services. You may not use any information obtained from our Searches and content gathered throughout the service, including, without limitation, name, age, address, names of relatives, criminal records, sex offender records, traffic records, property ownership records, Zestimate Value provided through Zillow, foreclosures, evictions, tax liens, bankruptcies, judgments, professional Licenses, DEA licenses, and FAA pilot licenses in connection with determining a prospective candidate’s suitability for any of the following purposes:
Health insurance or any other insurance;
Credit and/or loans;
Education, scholarships or fellowships;
Housing or other accommodations;
Benefits, privileges or services provided by any business establishment.
Information Provided. You acknowledge that the Services are provided "as is." You are conducting a search on your behalf, not to return any particular result. Information is often obtained by third parties and the accuracy of the information cannot be guaranteed. Users should use extreme caution when interpreting search results. Some of the information provided in searches is based upon logic-based assumptions from information in a database compiled from public records or publicly available information regarding individuals’ names, addresses, ages, last names and the dates which correspond to these names, addresses and ages. We may also provide you publicly available court records, including but not limited to criminal records when you conduct a search using our Services. Positive or false matches based on our assumptions or records may not provide conclusive confirmation of an individual’s record– for example, there could be instances where the gender of the names coupled with statistics of common ages indicates a person when it is in fact another person; this could be the result of the aforementioned logic-based results, which may not apply in all cases but which make the most sense based on ages, addresses shared, and dates shared. Therefore, we urge you to independently verify any information you gather from our Stud or Dud Applications as a possibility exists that our search results could be inaccurate.
Personal Use Only. The Stud or Dud Applications, the Content and the Services are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or Stud or Dud Applications, in any medium, without Stud or Dud prior written consent, or (ii) alter or modify any part of the Stud or Dud Applications other than as may be reasonably necessary to use the Stud or Dud Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Stud or Dud Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Stud or Dud Applications or any computer software or hardware or telecommunications equipment. You may not use the Stud or Dud Applications or Services in any manner that could damage, disable, overburden, or impair any Stud or Dud server, or the network(s) connected to any Stud or Dud server, or interfere with any other party’s use and enjoyment of any Stud or Dud Applications or Services. You may not attempt to gain unauthorized access to any Stud or Dud Applications or Services, other accounts, computer systems or networks connected to any Stud or Dud server or to any of the Stud or Dud Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Stud or Dud Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through Stud or Dud Applications or Services, including any proprietary communications protocol used by Stud or Dud. You agree that you will not engage in any unauthorized use of the Stud or Dud Applications or Services (including without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale, or any commercial uses) or post, publish, or transmit any text, graphics or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) harasses, offends, or threatens another; (vii) infringes another’s rights, including any intellectual property rights; or (viii) violates, or encourages any conduct that would violate, any applicable law, regulation or rule that would give rise to civil liability.
You also agree to adhere to the following:
You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations
You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services
You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person
You will not use the Services to seek information about or harm minors in any way
You will not use the Services to seek information about celebrities or public figures
You will not use the Service to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual
You will not resell any of the information you obtain from the Services without our prior written consent
You will take reasonable steps to ensure that the information you receive from the Services is stored in a secure manner.
Legal Notices about your Searches. The Company has not considered or assessed the specific risk that any convicted sex offender displayed on a search will commit another offense or the nature of any future crimes that may be committed. Since only information on registered sex offenders allowed to be legally disclosed appears on a search. Some registered sex offenders are not included on the Search since they are not subject to public disclosure. State law does not allow offenses other than the crimes for which the convicted sex offender is required to register to be disclosed. Extreme care must be taken in the use of information in a search because mistaken identity may occur when relying solely upon name, age, and address to identify individuals. If you believe that any information in a search is in error, please contact a police of sheriff's department, or contact the Department of Justice by e-mail at MegansLaw@doj.ca.gov. In some states, like California, it is illegal to use information obtained through public records to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of this information subjects the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed. Civil misuse of this information may subject the person to civil damages and penalties pursuant to California Penal Code Section 290.4 (e) (3) (A).
Registration Obligations. In consideration of your use of the Stud or Dud Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction and will provide true, accurate, current and complete information about yourself as prompted by Stud or Dud Applications. Stud or Dud reserves the right to deny, in its sole discretion, any user access to the Stud or Dud Applications or Services without notice for any or no reason.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account for any Stud or Dud Applications you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Stud or Dud immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by Stud or Dud). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Stud or Dud or another party due to someone else using your account or password.
STUD OR DUD SERVICES
Individual Searches. You can use the Stud or Dud Applications to search for basic information about people by searching their name, phone or email. Subject to the accuracy of data described below, the search results will include a list of people with their full name, age, street name, city and state, names of two relatives and two possible prior locations. You can choose a certain record and may run a Results Profile, which matches names and addresses for various types of data including sex offender records, traffic records, property ownership records, Zestimate Value powered by Zillow, foreclosures, evictions, tax liens, bankruptcies, judgments, professional licenses, DEA licenses, and FAA pilot licenses. The criminal records search matches the person by name and date of birth. You can save the search results for people within the Stud or Dud App, which you can access by logging into your account.
Upon signing up as a user of Stud or Dud, the Stud or Dud App will request access to your contacts on your cellular phone, which will allow you to run searches on contacts in your address book. You may decline access in the event you do not want the Stud or Dud App to access your contacts. The Stud or Dud App will also request access to the geo-location of your cellular phone in order to identify and pre-populate search queries for city and state locations. You may decline access to geo-location.
SERVICES PROVIDED BY STUD OR DUD
Modification to Services. Stud or Dud has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Stud or Dud in providing its Services is to stop using those Services.
Accuracy of Data. No representations, neither express nor implied, are made as to the validity of any data provided by Stud or Dud. While Stud or Dud has made every effort to supply you with current and valid data, there can be no guarantee as to any specific piece of data obtained by users of our Services. Our Service searches and gathers compilations of publically available information and public records. We do not make any representations that information available on public records or any publically available information is accurate. In addition, searches can be conducted with a number of variables and therefore we do not control the accuracy of any search conducted. Positive or false matches based on our assumptions or records may not provide conclusive confirmation of an individual’s record. Publically available data sources are matched by names and addresses for most categories of data and in the case of criminal records, Searches are matched by names and date of birth. None of the information in the search results or Results Profile is certified and should always be certified through official sources. In providing the Services, Stud or Dud is not rendering legal, private investigation or other professional services. If legal, investigative or other expert assistance is required, the services of a competent professional should be sought. You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not use the information obtained from Stud or Dud Applications or Services to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from this Stud or Dud Applications or Service. You further agree not to provide any information obtained from this Stud or Dud Applications or Services to any third party.
Third Party Sites: You may be able to access other websites or resources through links on the Stud or Dud Applications. Because Stud or Dud has no control over such sites and resources, you acknowledge and agree Stud or Dud is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
Stud or Dud utilizes mapping functionality provided by geo-location and mapping functions of the user and may use location information of its users.
Stud or Dud may provide certain content sourced from third party websites. The original authors of such content may be found on the Source site. Your use of this content may be subject to additional terms.
Specific Stud or Dud Products and Services:
Stud or Dud App
This section only applies to your use, if any, of the Services that are available on mobile phone devices through the Apple App Store including the Stud or Dud or Stud or Dud App for iPhone®, iPod® touch, and iPad® devices (the "Stud or Dud iOS Application").
Stud or Dud iOS Application
We grant you a non-transferable license to download and use the Stud or Dud iOS Application on any iPhone®, iPod® touch, and/or iPad® device(s) that you own or control, as permitted by the usage rules set forth in the Apple App Store Terms of Service. If you use the Stud or Dud iOS Application, you acknowledge that we may access and use your mobile device’s Unique Device Identifier via the application for the following purposes: (i) identification of users and authorization for account access; (ii) tracking and reporting of anonymous usage statistics; and (iii) to enable third parties to deliver targeted advertising and/or track the performance of their advertising.
Further, if you use the Stud or Dud iOS Application, you acknowledge that Apple, Inc. ("Apple") has no obligation to furnish any maintenance and support services in connection with the Stud or Dud iOS Application. Beyond such refund, Apple will have no other warranty obligations with respect to the Stud or Dud iOS Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (for which we are deemed responsible) will be our sole responsibility. You further acknowledge that Stud or Dud, and not Apple, is responsible for addressing any claims relating to the Stud or Dud iOS Application or your possession and/or use of the Stud or Dud iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Stud or Dud iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You also acknowledge that in the event of a third party claim that the Stud or Dud iOS Application or your possession and use of the Stud or Dud iOS Application infringes a third party’s intellectual property rights, Stud or Dud, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this paragraph, and that Apple will have the right, and will be deemed to have the right, to enforce this paragraph.
Any questions, complaints or claims regarding the Stud or Dud iOS Application should be directed to: http://support.studordud.com/ContactUs.
Ownership of Content and Marks. The Services, and all material published on or accessible through the Stud or Dud Applications, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, "applets" incorporated into the software data, sounds, messages, comments, ratings, and other materials on the Stud or Dud Applications (together "Content") is owned by Stud or Dud or its licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. Stud or Dud owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Stud or Dud Applications. Any trademarks, service marks, trade names, and trade dress appearing on the Stud or Dud Applications ("Marks"), are proprietary to Stud or Dud. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Stud or Dud Applications or the Services, in whole or in part, without Stud or Dud prior written consent. You agree not to use Stud or Dud’s trademark or any mark confusingly similar to the Stud or Dud mark. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Stud or Dud Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Stud or Dud without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Stud or Dud’s name or Marks without the express written consent of Stud or Dud. All right, title and interest in and to the Stud or Dud Applications and Services is and will remain the exclusive property of Stud or Dud and its licensors. In addition, any feedback, comments, ideas, concepts or suggestions ("Feedback") you may provide regarding the Stud or Dud Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
No Other License Granted. Except for allowing you to use the Stud or Dud Applications and Service for your personal use as set forth in the paragraph above, when you use the Stud or Dud Applications or Service, you are not receiving a license or any other rights from Stud or Dud, including intellectual property or other proprietary rights of Stud or Dud. You understand that you have no rights to the Stud or Dud Applications or Services or any other Stud or Dud property except as indicated in these Terms.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE STUD OR DUD APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING STUD OR DUD APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE STUD OR DUD APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT STUD OR DUD MAKES NO WARRANTY THAT THE STUD OR DUD APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT STUD OR DUD DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE STUD OR DUD APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE STUD OR DUD APPLICATIONS OR SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE STUD OR DUD APPLICATIONS AND SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, STUD OR DUD DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE STUD OR DUD APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE STUD OR DUD APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE STUD OR DUD APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. STUD OR DUD DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE STUD OR DUD APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL STUD OR DUD BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE STUD OR DUD APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE STUD OR DUD APPLICATIONS OR A LINKED SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER STUD OR DUD NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "STUD OR DUD PROVIDERS") REPRESENT OR WARRANT (I) THAT THE STUD OR DUD APPLICATIONS OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE STUD OR DUD APPLICATIONS OR SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE STUD OR DUD APPLICATIONS OR SERVICES WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVICES ARE NON-INFRINGING.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STUD OR DUD OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE STUD OR DUD APPLICATIONS OR THE SERVICES, EVEN IF STUD OR DUD HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN STUD OR DUD’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Stud or Dud is not responsible for the conduct of any user. As noted in and without limiting any limitation of liability, in no event shall Stud or Dud, 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 Stud or Dud Applications or using the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Services. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Services or meet in person, or if you decide to send money to another user. You understand that Stud or Dud makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through Stud or Dud Applications or Services. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You agree that you will not engage in any unauthorized use of the Stud or Dud Applications or Services (including without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale, or any commercial uses) or post, publish, or transmit any text, graphics or material that: (i) is defamatory, false or misleading; (ii) is unlawful multi-level marketing, such as a pyramid scheme; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, incites violence, or harm against any individual or group; (vi) harasses, bullies, offends, intimidates or threatens another; (vii) infringes another’s rights, including any intellectual property rights; or (viii) violates, or encourages any conduct that would violate, any applicable law, regulation or rule that would give rise to criminal or civil liability.
No liability for accumulated Content. When using the Stud or Dud Applications, you may accumulate content in your account that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in Stud or Dud’s sole discretion with or without notice and with no liability of any kind. STUD OR DUD DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON STUD OR DUD’S SERVERS.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Stud or Dud Applications or using the Services and agree to indemnify and hold Stud or Dud, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Stud or Dud Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
YOU HEREBY RELEASE STUD OR DUD AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, STUD OR DUD CHECKS, SERVICES, OR ANY OTHER STUD OR DUD PRODUCT OR SERVICE MAY BE BROUGHT BY YOU OR STUD OR DUD MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND STUD OR DUD. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Reporting Claims of Intellectual Property Infringement. Stud or Dud strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials available on or through the Services infringes upon any copyright you own or control, or that any link made available on or through the Services directs users to another Web site that contains material that you own or control, please send us a notice of infringement (an "Infringement Notice") by following the steps provided here.
If you believe that Your copyright has been infringed in any way by Stud or Dud, promptly provide in writing the following information to http://support.studordud.com/ContactUs.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit Stud or Dud to contact you, such as an address, telephone number and e-mail address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Term and Termination. This Agreement will remain in full force and effect while you use the Services. Stud or Dud can suspend or terminate your access to the Stud or Dud Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Age Requirements. The Stud or Dud Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Stud or Dud Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Stud or Dud Application and Services.
Electronic Form/Communications. By accessing the Stud or Dud Applications or Services, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Access to Services. Stud or Dud reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Stud or Dud also reserves the right to change, modify, discontinue, suspend or abandon the Stud or Dud Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the United States. The Stud or Dud Applications and Services are controlled from facilities in the United States. Stud or Dud makes no representations that the Stud or Dud Applications or Services are appropriate or available for use in other locations. Those who access or use the Stud or Dud Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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.
RESOLUTION OF DISPUTES
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and Stud or Dud, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us using our contact form located at http://support.studordud.com/ContactUs. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Stud or Dud agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from Stud or Dud Applications; claims that may arise after the termination of your Membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("class action waiver").
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All Notices to Stud or Dud shall be sent to the following address: Stud or Dud, 8605 Santa Monica Blvd #17859, Los Angeles, CA 90069-4109. All notices to Members will be sent to the email provided in the Member’s Account. Upon receipt of such Notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Stud or Dud may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any Claim shall be conducted in the State of California, and for any non-frivolous claim that does not exceed $10,000 Stud or Dud will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone; and (3) will not seek attorney’s fees in the event Stud or Dud prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses. Unless the parties agree otherwise, you and we must bring all directly related claims in a single arbitration proceeding. If you or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
Choice of Law. This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. 1, et seq. The FAA's provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Survival. This arbitration provision shall survive termination of this agreement and the closing of your account or membership.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and Stud or Dud. They supersede any and all prior or contemporaneous agreements between you and Stud or Dud relating to your use of the Stud or Dud Applications or the Services. Stud or Dud may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Stud or Dud to partially or fully exercise any rights or the waiver of Stud or Dud of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Stud or Dud or be deemed a waiver by Stud or Dud of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Stud or Dud under these Terms, its Policies and any other applicable agreement between you and Stud or Dud shall be cumulative, and the exercise of any such right or remedy shall not limit Stud or Dud right to exercise any other right or remedy.
Please Contact Us by email with any questions by using our contact form located at http://support.studordud.com/ContactUs .
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