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Terms of Use and Refund Policy


Refunds and Email Package Policies

If for any reason you are not satisfied with a product or service you purchased you can receive a full refund according to the following terms:

Personalized Consultation – E-mail

E-mail service packages must be refunded within the first two e-mail exchanges and within 60 days of the original purchase date.

Personalized Consultation – Chat

Chat consultation packages are eligible for a prorated refund for any unused chat time within 60 days of the original purchase date.  Cancellations, reschedules, or no-shows within a day of the appointment may have 15 minutes of chat time, or its equivalent, deducted from the account to compensate for time and occupying a time slot another client could have used. This helps me make sure I can accommodate clients in a timely basis.

Refunds and General Information

All products and services must be refunded within 60 days of the original purchase date. Refunds on a product/service will only be issued once per product/service per client. All purchases will be refunded back to the original credit card on which products or services were purchased whenever possible.

Consulting services expire one year from the original date of purchase. Unused consulting services will not be partially refunded and are non-transferable to another party.

Fees for expedited processing utilizing time are non-refundable.

To request a refund, please contact me. If you have any questions about my policies, please contact me. I look forward to helping you understand my policies.

Terms Of Use

Website

The opinions expressed by The Cuckold Consultant™ and those providing comments are theirs alone, and do not reflect the opinions of any authors or third party mentioned thereof.

The contents of the The Cuckold Consultant™, such as text, graphics, images, and other material contained on the The Cuckold Consultant™ (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the The Cuckold Consultant™!

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with The Cuckold Consultant™. Any use of the content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of The Cuckold Consultant™. All rights not expressly granted herein are reserved to The Cuckold Consultant™.

The use of the The Cuckold Consultant™and the Content is at your own risk.

When using the The Cuckold Consultant™, information will be transmitted over a medium that may be beyond the control and jurisdiction of The Cuckold Consultant™ and its suppliers. Accordingly, The Cuckold Consultant™assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the The Cuckold Consultant™.

The Cuckold Consultant™and the content are provided on an “as is” basis. THE CUCKOLD CONSULTANT™, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The The Cuckold Consultant™, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the The Cuckold Consultant™.

In no event shall The Cuckold Consultant™, its licensors, its suppliers, or any third parties mentioned on the The Cuckold Consultant™be liable for any damages (including, without limitation, incidental and consequential damages, or personal injury/wrongful death resulting from the use of or inability to use the The Cuckold Consultant™or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not The Cuckold Consultant™, its licensors, its suppliers, or any third parties mentioned on the The Cuckold Consultant™ are advised of the possibility of such damages. The Cuckold Consultant™, its licensors, its suppliers, or any third parties mentioned on the The Cuckold Consultant™ are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.


Online Chatroom - Cuckold Chat

Introduction

When you sign up for or otherwise use any service within the Cuckold Chat website (collectively, the “Site” “we” “our” “us” or other appropriate first-person terms as appropriate), all of which services are hereinafter referred to collectively as the “Service,” or “Platform,” you agree to all of the Terms and Conditions of this Agreement. Please read the following Terms and Conditions carefully, as they form the agreement between you, as the Site user (referred to in this Agreement as “User” “you” “your” or other appropriate second-person terms), and the Site (such agreement is referred to herein as the “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR OTHERWISE USE THE SERVICE. BY USING THE SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AMENDMENTS MADE FROM TIME TO TIME.

Agreement

1. Right to Use. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to all or part of the Service without notice or liability.
2. THIS SERVICE IS FOR ADULTS ONLY! Please note that the Cuckold Chat platform is only open to consenting adults looking to connect and share with each other in the form of messaging and picture sharing. Minors are unequivocally prohibited from using the platform in any way whatsoever. You may not attempt to role-play as a minor either as this is unequivocally prohibited. Thus, you represent, warrant and covenant that you are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”). By using the Site and Service you agree that you have reached the Age of Majority. We reserve the right to terminate your account if we, in our sole and absolute discretion, believe you are in violation of this requirement. We additionally reserve the right to terminate your account and report you to the proper authorities in the event that we suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account. If you believe that a minor is using the site, we request and encourage everyone to report each and every user he or she encounters which he or she believes or suspects to be under the age of 18. All reports are reviewed in under a minute of being received. If you are a minor, you must immediately leave this site now. You are not legally permitted on Cuckold chat for any reason.
3. ZERO TOLERANCE POLICY: We have a zero tolerance policy for child pornography and any activity related to pedophilia, pederastia, or any similar related activity/content. a. We do not allow pictures of minors on the site, nor do we allow talking about minors on the site. Furthermore, we report images of minors to law enforcement regardless of the state of dress of such minor or the purported purpose for posting any image(s) of a minor. We will not contact you prior to reporting such images. We will simply terminate your account and provide the suspect images and all information to the relevant law enforcement agencies. DO NOT UPLOAD ANY IMAGES OF ANY MINOR FOR ANY REASON. b. We do not allow the seeking or solicitation of such material. You will be immediately banned if you engage in such. c. By using the platform, you also agree to report any images which you have reason to believe depict minors on the Site by clicking the flag icon found at the right of each post on the chat or in the PM conversation in which it happens. All reports will be investigated and the appropriate action will be taken. d. We unreservedly cooperate with any law-enforcement agency investigating child pornography.
4. Code of Conduct. You agree to use the Service in accordance with the following terms: a. The Site provides access to an online service comprising information and materials created and posted/uploaded by you and other users of the Site. b. You are solely responsible for any information that you post, display or transmit through the Site and/or Service. You agree to keep all information contained on or provided through the Site and/or Service as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you; c. You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message or picture which breaks the rules of the room you are using or is not in accordance with your local laws; d. You will not post any message or picture or use the platform in any way that: i. Violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights, or ii. Is fraudulent or otherwise constitutes unlawful conduct in connection with your use of the Service, or violates any law. e. You will not use the platform to distribute, promote or otherwise publish any material that constitutes or contains solicitation of funds, advertising, or solicitation for goods or services; f. Your access to the Service is for your own personal use only. You may not allow others to use the Service using your account(s) and you may not transfer your account(s) to any other person; g. You will not publish or forward any chain letters, advertisements, spam, or any similar commercial message through the Service.
5. Illegal and Prohibited Conduct. In addition to terms above, all users are prohibited from doing any of the following: a. There can be no minors, children, or babies in any content posted to the site. In the event a minor appears in an uploaded content, we will immediately report you to any and all law enforcement that we consider appropriate in our sole and absolute discretion. b. Bestiality, or pictures containing animals/pets in a sexual or provocative context, or illegal drugs (or drugs that may be perceived as illegal in certain locations, such as medicinal marijuana) are strictly prohibited. c. Posting, either in image or text form, about incest (sexual relations involving family members) is not allowed. d. Excessively degrading dialog (keyword excessively) or verbal abuse with malintent is not allowed. e. Displays or reference to menstruation, vomit, feces, or urine are not permitted. f. Illegal or unsafe activities of any kind, including violence, blood, torture, erotic asphyxiation, rape themes, or any actions associated with bringing harm to you, in any way, are prohibited. g. No discussion of or arranging prostitution or escort services. h. You may exchange your own personal information with users of the Site, including contact information, but you MAY NOT use users' information to receive payments outside of the Site. i. You are not allowed to advertise outside websites under any circumstances j. We don’t tolerate anyone making any statements or causing or encouraging others to make any statements, written or verbal, which defame, disparage, or in any way criticize the Site or platform. This list is not exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Service at any time, with or without notice, for engaging in any inappropriate activity.
6. Privacy and Use of Information. Your personal information will not be disclosed to any third party, except as set forth in our Privacy Policy.
7. Content Posted on the Site. a. We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, the “Materials”) that you transmit, submit, display or publish (“post”) on the Site or through or in connection with the Service. After posting the Materials on the Site or through or in connection with the Service, you continue to retain any such rights that you may have in such Materials. b. You may not use the Site or Service for commercial purposes, including, but not limited to, marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, we reserve the right, in our sole discretion, to immediately suspend your account, seek injunctive relief, seek civil redress and/or report any conduct that violates these Terms and Conditions to any and all law enforcement agencies that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Site as a result of any content you have shared in, or as a result of you engaging in any prohibited activities, you agree to indemnify and hold the Site harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that the Site may incur as a consequence of your posting of such content or engaging in such prohibited activities.
8. Use of Information on Service. You acknowledge and agree that: a. We cannot ensure the security or privacy of information you provide through the Internet or otherwise. You release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties; b. We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to other parties through the Service. Use caution in deciding what personal information you share with others through the Service. c. We cannot assume any responsibility for the content of any message sent by any user on the Service. You release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users. d. You will not bring legal action against the Site or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service. e. You may not use the Service or Site for any unlawful purpose. We may refuse to grant you or discontinue your use of any username, for whatever reason, including, for example, if the username you have chosen impersonates or suggests you are someone else, is protected by trademark or proprietary law, or deemed inappropriate, as determined by us in our sole discretion.
9. On- or Off-Site Interactions/Meetings. The Site does not recommend or condone any form of user interaction between users outside of the Site and, as disclosed elsewhere in this Agreement, your use of the Site and your interactions through the Site are done at your own risk. Use of the Site to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your account to immediate termination. If you elect to legally interact with any user of the Service outside of the Site, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Site. You should, at a minimum, consider the following precautions if meeting or corresponding with anyone on any social networking site: a. Anyone who is able to commit identity theft can also falsify a user profile. b. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. c. Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. d. If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, and meet in a public place with many people around.
10. Your Representations and Warranties. By using the Service, you thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the statements below: a. You are not prohibited by law from using the Service and that you have the legal right, authority and capacity to enter into this Agreement and to abide by all of its Terms and Conditions, as may be amended from time to time. b. You are familiar with the laws in your area that may affect your legal right to access erotica or adult-oriented material, you have the legal right to access such material, and the Site has the legal right to transmit such material to you in your location. c. You understand that by using the Service you will be exposed to visual images, verbal descriptions, and other features of a sexually-oriented, openly erotic nature which may include graphic visual depictions and descriptions of nudity and sexual activity, and you are voluntarily choosing to proceed with your use of the Service because you want to view, read, hear or order such content and because you enjoy such content, available on the Site or through the Service for your own personal enjoyment, information and/or education. d. Your choice to use the Service is a manifestation of your interest in sexual matters, which you believe is healthy and normal and which, in your experience, is generally shared by the average adult in your community. e. You are familiar with the standards in your community regarding acceptance of sexually oriented materials, and the materials you expect to encounter through use of the Service are within your community standards. f. In your judgment, the average adult in your community (i) accepts the consumption of adult-oriented materials by willing adults in circumstances such as those under which the Service is provided (i.e., offering reasonable insulation from such materials for minors and unwilling adults); and (ii) would not find such materials to appeal to a prurient interest or to be patently offensive. g. The Site has no right or ability to control the activities of any user who uses the service. In the event that a user infringes upon a third party’s rights by creating, posting, or uploading infringing Content, that user is the sole responsible party for such infringement, and the Site has no control over such activity and no liability therefor. h. The Site appropriately presumes that the user uploading any Content is the holder of all exclusive rights to that Content, except where the Content itself bears some obvious indication to the contrary, such as a visible proprietary mark identifying a person or entity other than the user as the exclusive rights holder. i. Where Content contains no obvious proprietary marking that indicates an exclusive owner different from the user who posted it, the Site shall not be deemed to have actual or imputed knowledge that such Content infringes upon any third party’s rights. j. Apart from identifying an obvious proprietary marking in any Content that indicates an exclusive owner, the Site has no other ability to determine whether the rights appurtenant to a particular piece of Content may belong to a party other than the uploading user. As the Site’s only other means of identifying Content that may infringe upon a third party’s rights, the Site relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
11. Notice of Intellectual Property Infringement. The Site respects the intellectual property of others, and we ask our community members and others to do the same. We voluntarily observe and comply with DMCA requests. If you believe that your work has been copied through use of the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the site with the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where on the Service the material that you claim is infringing is located; d. your address, telephone number, and email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Send your Notice of Claimed Infringement to: [email protected] Do not send other inquires or information (other than Notices of Infringement) to our Designated Agent.
12. Monitoring of Information. We reserve the right, but have no obligation, to monitor any and all public messages and chats that take place through the Site. Private chats are not monitored. A private chat can and will be reviewed if a user reports that illegal activity/messaging occurred in a private chat with that user. We are not responsible for any offensive or obscene Material(s) that may be in anyway transmitted by any users (including unauthorized users, including the possibility of “hackers”). As noted above, we are also not responsible under any circumstances for the use of any personal information, by anyone, that you in anyway transmit through the Service.
13. Termination of Access to the Service. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
14. Proprietary Information. The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or by users of the Service may be protected whether it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You may not use any automated means to in anyway monitor, "scrape", download, use or otherwise collect data and/or content from the Site, including, without limitation, robots/bots, crawlers, or data mining tools.
15. No responsibility. We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability at any time, and you may stop using the Service at any time.
16. Security. Your account is private and may not be used by anyone else under any circumstances. You are responsible for all usage or activity on the Service by users using your login and password, including but not limited to use of your login and password by any third party.
17. Other Links. The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
18. No Warranties. The Service is distributed on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
19. Modifications. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via email, as determined by us in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting or receipt of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, as modified.
20. Disclosure and Other Communication. We reserve the right to send you email for the purpose of informing you of changes or additions to the Service, or of any related products and services offered by the Site or its affiliated entities.
21. Registration. You may become a user of the Service by completing an online registration form, which must be accepted by the Site. Upon submission of the online registration form, you agree to: a. Provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”); and b. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you remain a user of the Service.
22. Member Account and Password. As part of the registration process, you will be able to choose a unique username and password, which you must provide in order to gain access to the registered user portions of the Service. You certify that, when asked to choose a username, you will not choose a name that falsely represents you as somebody else, or a name that may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to cancel, at any time, the membership of any user who uses their selected username in violation of these Terms and Conditions or in any other way we deem inappropriate in our sole discretion. Your membership, username and password are non-transferable and non-assignable. You represent and warrant that you will not disclose to any other person your username or password and that you will not provide access to the Service to anyone who is below the Age of Majority, or who does not willingly wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. We will not release your password for security reasons. You agree to (a) immediately notify the Site 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 agree that you are solely liable and responsible for any unauthorized use of the Service using your account until you notify the Site by email regarding the unauthorized use or access. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Site with respect to all activities conducted through your account.
23. Severability. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
24. Arbitration. All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules and applying the laws in effect in Sussex County, Delaware. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void. The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Site hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. Arbitration will take place in Sussex County, Delaware exclusively. You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts. The obligation to arbitrate is not binding upon the Site with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any. You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
25. Termination By the Site. Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide services to you at any time, with or without advance notice, if: (a) the Site believes that you have breached any of these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) the Site decides to cease operations or to otherwise discontinue any of the Site or parts thereof. You agree that neither the Site, nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by us, you will not attempt to re-register as a user without prior written consent from the Site.
26. After Termination or Cancellation. You accept that when you cancel your membership with the Service you will be automatically locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your account, we have no obligation to maintain or store any mail or other membership materials and that such information may be irretrievable.
27. Indemnification. You agree to defend, indemnify, and hold the Site and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from: (i) any breach by you of this Agreement; (ii) your use (or misuse) of the Service, Site; (iii) all conduct and activities occurring using your account; (iv) any defamatory, libelous or illegal material(s) contained within your Content or your information or data; (ix) any costs incurred on your behalf as a result of your failure to comply with local or federal laws of the United States; and/or (x) any violation of this Agreement. We reserve the right, at our expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion. You also understand that we will charge on an hourly basis for any and all time spent responding to any third-party complaints, disputes, copyright claims or actions involving you.