This is a legal agreement ("Agreement") between you and eHarmony, Inc., a Delaware corporation ("eHarmony", which shall for the purposes of this Agreement sometimes also be referred to as "Elevated Careers"), which may be contacted at P.O. Box 241810, Los Angeles, CA 90024 USA. By accessing the web site, currently located atwww.ElevatedCareers.com (the "Site"), and using any of the Elevated services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement (including the Privacy Statement) for as long as you continue to use the Site or Elevated services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE ELEVATED SERVICES. Your use of, or participation in, certain services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such services.
The Elevated Careers services consist of the following, without limitation: a service for individuals seeking to be matched to compatible employers and to receive relevant job listings ("Candidates"), a service for employers or recruiters seeking to be matched to compatible job candidates ("Employers"), an interactive blog and community primarily focused on careers at blog.elevatedcareers.com ("Content Services"), any premium services offered by or on behalf of eHarmony’s Elevated Services ("Elevated Premium Services") (collectively, the "Services" or "Elevated Services"). eHarmony may offer additional services or revise any of the Elevated Services, at its discretion, and this Agreement will apply to all additional services or revised Elevated Services. eHarmony also reserves the right to cease offering any of the Elevated Services.
This Agreement is subject to change by eHarmony in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Elevated Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Use of Site and Service
- Proprietary Rights
- User Information
- Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
- Disclaimer of Warranty
- Limitation of Liability
- Complaints / Law Enforcement Contact
- Communication and Privacy
- Term and Termination
- Specific Terms Controlling the Premium Services
- General Provisions
- Digital Millennium Copyright Act Notice
- Revision Date
- Basic Requirements.To be eligible to use the Site and Elevated Services, you represent and warrant that (i) you are at least 18 years old at the time you use the Site or register to the Elevated Services; (ii) the information you provide through the Elevated Services is accurate; and (iii) your registration to and use of the Site and/or Elevated Services does not violate any applicable law, regulation, or legal obligation to a third party.
2. Use of Site and Service.
As a user of the Site or a Candidate or Employer registered to use any of the Elevated Services ("a Registered User"), you agree to the following:
- Use by Candidate.In order to create a profile, you will be prompted to complete the Profile Builder questionnaire. Based on your responses to the Profile Builder questionnaire, eHarmony will use its technology to create a customized Compatibility Scorecard, which will assist us in getting to know you, assessing your compatibility with your current company or employer, and matching you to compatible Employers. Elevated Careers will also send you relevant job listings based on your Compatibility Scorecard and personal preferences. Elevated Careers will not match you to Employers or send you job listings based on any criteria that are illegal or discriminatory.
- Use by Employer.Only legal entities (including recruiting agencies) may register to the Elevated Service as an Employer. Authorized individuals who are employed by or act as agents for an Employer may use customized credentials to access such Employer’s account.
- Exclusive Use.If you are a Candidate, your account is for your personal use only. You may not authorize others to use your account. If you are an Employer, you may authorize more than one employee or contractor to access your account by using your individual credentials from Elevated Careers. Except for the foregoing, you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Elevated Careers is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
- Geographic Limitations.The Site and Elevated Services are intended for use in the United States. You will only use the Elevated Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Elevated Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Elevated Services are prohibited. Registration for, and use of, the Elevated Services are void where prohibited. You are responsible for determining whether the user of the Elevated Services is legal in your jurisdiction
- Information Submitted.You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Elevated Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Elevated Services; and (iii) your interactions with other Registered Users through the Elevated Services.
- Risk Assumption and Precautions.You assume all risk when using the Elevated Services, including but not limited to all of the risks associated with any online or offline interactions with others, including but not limited to hiring or accepting a position for employment. You agree to take all necessary precautions when communicating with and/or meeting others through the Elevated Services.
- No Guarantees.Elevated Careers makes no guarantees, either express or implied, as to (i) the number or frequency of compatible Candidates or Jobs a Registered User will receive; (ii) the actual compatibility of any Candidates or Employers matched through the Elevated Services; or (iii) the ultimate result of use of the Elevated Services.
- Reporting of Violations.You will promptly report to Elevated Careers any violation of the Agreement by others, including but not limited to, Registered Users.
- Content Removal.Elevated Careers reserves the right, but has no obligation, to monitor the information or material you submit to the Elevated Services or post in the public areas of the Services. Elevated Careers will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party. In its reasonable discretion, Elevated Careers further reserves the right to remove the profiles of Candidates or Employers previously delivered to your account, in order to assure that you have a quality experience on the Site.
- Posting and Communication Restrictions.You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Elevated Services, which includes but is not limited to, content or activity that:
In addition to the above, postings on the Content Services currently known as the Elevated Blog (the "Blog") will be subject to the terms of this Agreement and any other additional guidelines posted on the Blog.
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Elevated Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- contains a third party’s copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.), trademarks or logos without obtaining such party’s and Elevated’s written permission first;
- 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);
- promotes or enables illegal or unlawful activities, violates someone's privacy, harms or harasses another person, obtains others' identity information, creates or disseminates computer viruses, or circumvents copy-protect devices;
- is intended to defraud, swindle or deceive other users of the Elevated Services;
- contains links not approved by Elevated, viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- uses misleading, hidden, or unreadable keywords or keywords that are unrelated to a specific job posting;
- disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Elevated Services;
- uses the Site or Elevated Services for chain letter, junk mail or spam e-mails;
- uses the Site or Elevated Services to post jobs or consultancy opportunities (a) that require any form of payment to apply; (b) that require the recruitment of others to apply (c) of a sexual nature or for any illegal or unlawful purposes; (d) that promote a specific religion or political affiliation; (e) that request the donation or use of human body parts (including egg donation and surrogacy services); (f) that are not considered bona fide employment or consultancy in an applicable jurisdiction; (g) that are not compliant with or request information that is not compliant with, or is in violation of, the laws and regulations of any applicable jurisdiction; (h) for multi-level marketing, pyramid schemes, franchising, or any similar type of arrangement; (i) that make citizenship or permanent residency a condition of employment if not required by applicable law; or (j) that violate the terms of this Agreement in letter or spirit.
- collects or solicits personal information about anyone under 18; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
- No False Information.You will not provide inaccurate, misleading or false information to Elevated Careers or to any other user. If information provided to Elevated Careers or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Elevated Careers of such change.
- No Advertising or Commercial Solicitation.You will not advertise or solicit any user to buy or sell any products or services through the Site or Elevated Services. You may not transmit any chain letters, junk or spam e-mail to other users. Except to the extent intended by the use of the Elevated Services, you will not use any information obtained from the Elevated Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Elevated Services, you acknowledge that you will have caused substantial harm to Elevated Careers, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Elevated Careers $50 for each such unsolicited communication you send through the Elevated Services.
- Unique and Bona Fide Profile.As a Candidate of the Elevated Services, you will create only one unique profile. As an Employer of the Elevated Services, you may create only one profile per unique entity or company which you control. In addition, your use of the Elevated Services must be for bona fide career enhancement or hiring purposes in order to maintain the integrity of the Elevated Services. Not all Registered Users are available for matching purposes. From time to time, eHarmony may create test profiles in order to monitor the operation of the Elevated Services.
- Selection of Profiles.From time to time, your profile may be selected for a limited complimentary subscription (if you are not already a subscriber) in order to enable you to communicate with a compatible Candidate or Employer, as applicable. You will be under no obligation to accept such complimentary subscription.
- No Harassment of Elevated Careers Employees or Agents.You will not harass, annoy, intimidate or threaten any Elevated Careers employees or agents engaged in providing any portion of the Elevated Services to you.
- Social Media.We may provide you the option to connect your Elevated account to your account on some social networking sites (such as via LinkedIn or Facebook Connect) for the purpose of logging in, uploading information or enabling certain features on the Elevated Services. When enabling this feature, we will disclose to you the information we collect from the connected social networking site, and will use such information in compliance with our Privacy Statement. Once connected, some of the Registered Users you have been matched to may also be able to see information about your social network, such as the size of your network and your friends, including common friends. By connecting your Elevated account to your account on any social networking site, you hereby consent to the continuous release of information about you to eHarmony. We will not send any of your Elevated account information to the connected social networking site without first disclosing that to you. You can always disconnect the accounts via your Elevated Account Settings page. Each social network may further allow you to set privacy controls around your information on their system, and Elevated Career’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking site involved, and therefore the available features and shared information are subject to change without notice to you.
3. Proprietary Rights.
- Ownership of Proprietary Information.You hereby acknowledge and agree that eHarmony is the owner of highly valuable proprietary information, including without limitation, the Profile Builder questionnaire, Compatibility Scorecard, and compatibility profiles (collectively, "Confidential Information"). eHarmony owns and hereby retains all proprietary rights in the Elevated Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information.You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users' Information.Other Registered Users may not post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Elevated Careers or third party proprietary information available via the Elevated Services or the Site.
- License to Posted or Accessed Content.By posting information or content to any profile pages or public area of the Elevated Services, or making it accessible to us by linking your Elevated Careers account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to Elevated Careers, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display 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 sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information.
- Privacy Statement.For information about the collection and possible use of information and material provided by you, please click on Elevated Careers’ Privacy Statement located on the Site. By using the Site or the Elevated Services, you are consenting to the terms of Elevated Career’s Privacy Statement.
- Disclosure By Law.You acknowledge and agree that Elevated Careers may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Elevated Career’s, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
- Use of Anonymous Information for Research.By using the Elevated Services, you agree to allow eHarmony to anonymously use the information from you and your experiences through the Elevated Services to continue eHarmony's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
The Elevated Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of Elevated Careers, and Elevated Careers is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. Elevated Careers provides these links to you only as a convenience, and the inclusion of any link does not imply that Elevated Careers endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Elevated Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that Elevated Careers will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Elevated Careers with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Statement to learn more about how we use your information.
6. Disclaimer of Warranty.
- No Warranties.THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EHARMONY PROVIDES THE SERVICES 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 ELEVATED SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EHARMONY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. EHARMONY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
- Third Party Content.Opinions, advice, statements, offers, or other information or content made available through the Elevated Services, but not directly by eHarmony, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. EHARMONY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EHARMONY. UNDER NO CIRCUMSTANCES WILL EHARMONY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features.From time to time, eHarmony may offer new "beta" features or tools with which its users may experiment on the Elevated Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at eHarmony's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability.
- Incidental Damages and Aggregate Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EHARMONY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE ELEVATED SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF EHARMONY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EHARMONY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE ELEVATED SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID EHARMONY FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
- No Liability for non-eHarmony Actions.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EHARMONY BE LIABLE FOR ANY 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 ELEVATED SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. To the maximum extent permitted by applicable law, you hereby release us, our officers, directors, employees, agents and successors from and against any and all claims, demands, losses, damages, rights, and actions of any kind including death, personal injury, or property damage that is directly or indirectly related to or arises from non-eHarmony actions. If you are a California resident, you expressly waive your protection of the California Civil Code Section 1542 and release any benefits or rights arising thereunder. Section 1542 of the California Civil Code 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." RESIDENTS OF OTHER STATES AND NATIONS SIMILARLY WAIVE THEIR RIGHTS UNDER APPLICABLE AND/OR ANALOGOUS LAWS, STATUTES, OR REGULATIONS.
You agree to indemnify, defend and hold harmless eHarmony, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Elevated Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. eHarmony reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with eHarmony in asserting any available defenses.
9. Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the FAQ link located at the bottom of any page of the Site, or e-mail us by clicking email@example.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to eHarmony via facsimile at (626) 628-3467 or by mailing to P.O. Box 241810, Los Angeles, CA 90024.
10. Communication and Privacy.
We may use your email address to send you messages notifying you of important changes to the Elevated Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Elevated Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
11. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Elevated Services and will remain in effect in perpetuity unless terminated hereunder. Either you or eHarmony may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. eHarmony reserves the right to immediately suspend or terminate your access to any of the Elevated Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Elevated Services and any other records at any time at our sole discretion. In the event your access to any of the Elevated Services is suspended due to the breach of this Agreement, you agree that all fees then paid to eHarmony by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: eHarmony, Inc., Attn: Elevated Cancellations, P.O. Box 241810, Los Angeles, CA 90024 USA.
- Cancellation At Any Time With No Refund.Except as otherwise stated in this section, you may cancel your registration or subscription to any Elevated Services at any time during the term of such registration or subscription or any renewal period by accessing the "Account Settings" page under the "My Settings" option on your membership home page, clicking on "Cancel My Subscription" or "Close Account" link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term unless cancelled within the first 3 days (as detailed below). If you purchase a subscription on an installation payment basis (such as three-part pay), your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.
- 3-Day Cancellation.Regarding the Elevated Services, you, the buyer, may cancel the Agreement, without any penalty or obligation, at any time prior to midnight of the third business day following the date of this Agreement, excluding Sundays and recognized U.S. holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to eHarmony, Inc., Attn: Elevated Cancellations, P.O. Box 241810, Los Angeles, CA 90024 USA. Please include the e-mail address associated with your eHarmony account in this notice. You may receive further information on this process by clicking the FAQ link. For Elevated Services, the day that you submit a completed subscription form will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after eHarmony's receipt of your cancellation notice.
- Cancellation As a Result of Death or Disability.If by reason of death or disability you are unable to receive all Elevated Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
- If you have prepaid any amount for the Elevated Services, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
- "Disability" means a condition which precludes you from physically using the Elevated Services during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to eHarmony.
- If the physician determines that the duration of the disability will be less than six (6) months, eHarmony may extend the term of the Elevated Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
In order to provide continuous service, eHarmony automatically renews the paid Job Seeker subscriptions for the Elevated Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation At Any Time With No Refund" above.
14. Specific Terms Controlling the Premium Services.
Use of the Premium Services (if applicable) shall be subject to the additional terms and conditions as developed.
- Arbitration of Disputes.You and eHarmony agree that any disputes arising out of or related to the Site, the Elevated Services, this Agreement and/or any policies or practices of eHarmony (a "Dispute") will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of eHarmony’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which eHarmony may elect to have resolved by means other than arbitration. Notwithstanding the above, eHarmony is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND EHARMONY AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
- No Class Actions.YOU AND EHARMONY ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor eHarmony agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
- Arbitration Procedure.If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with eHarmony, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. You can find further details about the arbitration procedure by clicking here.
- Enforcement.Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
- Limitation of Time Period to Commence a Dispute.Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
16. General Provisions.
- Right to Seek Injunction.Violation of this Agreement may cause eHarmony irreparable harm, and therefore agree that eHarmony will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that eHarmony may have for a breach of this Agreement.
- Miscellaneous.This Agreement, which you accept upon registration for the Elevated Services, the Privacy Statement located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and eHarmony regarding the use of the Elevated Services, superseding any prior agreements between you and eHarmony related to your use of this Site or Elevated Services (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Elevated Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Elevated Services. The failure of eHarmony to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify eHarmony's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site;
- Information reasonably sufficient to permit eHarmony to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright AgentElevated Careers by eHarmonyc/o eHarmony, Inc.P.O. Box 241810, Los Angeles, CA 90024 USAcopyright@eharmony.com (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)
18. Revision Date.
This Agreement was last revised on May 7, 2015
Copyright © 2015 eHarmony, Inc. All Rights Reserved. ELEVATED CAREERS BY EHARMONY and several other marks, colors, and images are registered and common law trademarks of eHarmony, Inc. Other trademarks and brands are the property of their respective owners.