Terms of Service

BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES. THANK YOU.

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ALSO, PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION, WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL (AND NOT A CLASS-WIDE OR CONSOLIDATED) BASIS WHEREVER PERMISSIBLE BY LAW.

‍These Terms of Service (“Terms”) apply when you access or use the websites (collectively, the “Site”) of Dating By Blaine, LLC (“Company,” “we,” “us” or “our”), our mobile applications, as well as the services, content and materials made available via the Site, mobile applications, and direct communications (e.g. via email or Zoom), collectively, the “Services”.

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These Terms do not alter in any way the terms or conditions of any other agreement you may have with Company for products, services, or otherwise (e.g. agreements related to Matchmaking).

We reserve the right to change or modify these Terms at any time, and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms.

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Your continued use of the Services following our notice of the amended Terms will confirm your acceptance of the amended Terms. If you do not agree to the amended Terms, you may not continue accessing or using the Services.

All questions or comments about the Services, or these Terms of Service, should be directed to blaine@datingbyblaine.com. Thanks!

‍1. Privacy Policy
Please refer to our Privacy Policy for information about how Company collects, uses and discloses information about you.

‍2. Eligibility
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.

‍3. Account
‍In order to access and use certain areas or features of the Services, you may be required to register for an account. If you create an account via our Services, you agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your account and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to your account or the Services.

‍4. Terms of Sale
‍Access to certain Dating By Blaine materials, video and other course content, and 1x1 coaching is only made available for purchase (“Premium Services”). Your payment for any access to any Premium Services is subject to the following terms:

4.1 Price; Payment Plans. The price for any Premium Services will be made available via the Services at time of purchase. You may pay for access to the Premium Services in full at the time of your purchase, or pursuant to any installment payment plan that we make available.

4.2 Installment Payment Plans. If you select an installment payment plan, you hereby grant Company permission to automatically charge the applicable Premium Services fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate.

4.3 Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to our Premium Services. By submitting your order to purchase access to our Premium Services, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.

4.4 Refunds. We offer a limited money-back guarantee to enable prospective customers to try our programs without financial risk.

4.4.1 Refunds for Blaine's Texting OS, Online Dating OS, and Approach Academy courses. We will grant you a full refund upon request, as long as you (i) make your request within 48 hours of purchase, and (ii) have not watched more than the first video module of the course you are requesting a refund for.

We cannot honor refund requests made >48 hours after program purchase under any circumstances nor can we honor refund requests if you've watched more than the first module of the course you are requesting a refund for. Thanks for your understanding.

4.4.2 Refunds for Blaine's Dating Masterclass. We will grant you a full refund upon request, as long as you (i) make your request within 48 hours of purchase, (ii) have not watched more than the first video module of the Masterclass, and (iii) you have not watched more than the first video module of any of the OTHER video-based programs included with your Masterclass purchase, including Blaine's Texting OS, Online Dating OS, and Approach Academy courses.

We cannot honor refund requests made >48 hours after purchase under any circumstances nor can we honor refund requests if you've watched more than the first module of Masterclass.

In the event you request a refund for your Masterclass purchase within 48 hours and you have not watched >1 Masterclass video module, but you've watched >1 video module of any of the OTHER courses included with your Masterclass purchase, we will pro-rate your refund based on the base price of the program (or programs) you've watched.

For example, if you request a Masterclass refund and are eligible, but you have watched >1 module of the Texting OS we will pro-rate your Masterclass refund by $149 USD, which is the base price of the Texting OS.

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4.4.3 Refunds for Jumpstart Your Dating Life, and other 1x1 coaching programs. We will grant you a full refund upon request, as long as you (i) make your request within 48 hours of purchase, (ii) have not watched more than the first video module of the Masterclass, and (iii) you have not watched more than the first video module of any of the OTHER video-based programs included with your Masterclass purchase, including Blaine's Texting OS, Online Dating OS, and Approach Academy courses.

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If you request a refund within 48 hours of purchase, and you have consumed any of the video-based programs outlined above, we will pro-rate your refund based on your consumption of the video-based programs as outlined in section 4.4.2.

This is a small business, and we cannot honor refund requests for Jumpstart (or any other 1x1 coaching services) made >48 hours after purchase under any circumstances.

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4.4.4. Refunds For Matchmaking Services. We may grant refunds in accordance with the terms outlined in your New Client Agreement, which you received and agreed to by purchasing our services.

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This is a small business, and we cannot honor refund requests for Matchmaking services beyond the refund terms we mutually aligned on at the time of your purchase. Thanks for understanding.

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4.5 No Cancellations. Other than in connection with our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you will be obligated to complete all installment payments.

4.6 Failure to Pay. A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.

4.7 Errors in Charges.
‍In the event of an error that results in an incorrect charge, we reserve the right to correct such an error, and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method.

4.8 Taxes.
‍You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

4.9 Access to Recorded Programs.
‍Upon payment in full for a program advertised as “lifetime access” (e.g. Blaine's Dating Masterclass) you will receive access to the program that you purchased for the duration of the time Dating By Blaine, LLC operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends. For Subscription programs, you will only receive access to the Services during the term of your subscription, subject to the requirement to be in “good standing” with all other programs set forth in Section 4.6 above.

4.10 Access to 1x1 Coaching Services.

You have up to 12 months from date of purchase to use any video or call-based 1x1 Coaching Services purchased from Dating By Blaine (e.g. 1x1 Zoom sessions included with the Jumpstart program), and up to 12 weeks from date of purchase any email coaching services (e.g. email coaching included with the Jumpstart program).

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All 1x1 Coaching services expire 12 months from date of purchase.

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4.11 Access to Matchmaking Services.

Matchmaking engagement duration will typically be specified on a per-customer, and per-package, basis in a Client Agreement.

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Unless a longer engagement duration is specified in the Client Agreement, all Matchmaking services expire 12 months from date of purchase.

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4.12 Customer Satisfaction Process.
We aim to deliver a quality experience to all of our customers. If you purchase a paid service from us and are dissatisfied, you agree to contact us immediately via email at blaine@datingbyblaine.com (i.e. before voicing any complaints with our services publicly) so that we may attempt to fix any problems that led to your dissatisfaction.

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4.13 Public Complaint Policy.
Given the nature of our services, we prioritize client privacy. However, in the event you choose to publicly voice a complaint about our services (e.g. you publish a negative review on a public review website like Google, Trustpilot, or 99Consumer; or on social media platforms like Reddit or X), we reserve the right to respond to your complaint publicly, including sharing previously private information about your use of our services (which may include your personally identifiable information) so that we may defend our good reputation.

‍5. Copyright and Limited License
‍Unless otherwise indicated, the Services, including all content, video and other materials on or made available via the Services, are the proprietary property of Company and its licensors and are protected by U.S. and international copyright laws. Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the proprietary property of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.

You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services solely for your own personal purposes; provided, however, that such license is subject to these Terms and does not include the right to: (a) resell, lease, rent or sublicense any Services or any access to the Services or any content, video and other materials on or made available via the Services; (b) copy, distribute, publicly perform or publicly display any Services or any content, video and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video and other materials on or made available via the Services; (d) download (other than page caching) any content, video and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video and other materials on or made available via the Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

‍6. Trademarks
‍Dating By Blaine, all Premium Courses names, the Company logos, the look and feel of the Services, and any other product or service name, logo or slogan contained in the Services are trademarks, service marks and/or trade dress of Company or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written authorization of Company or the applicable trademark holder. Any authorized use of such trademarks, service marks and/or trade dress must be in accordance with any guidelines provided by Company.

‍7. Confidential Information; Non-Disclosure.
‍You acknowledge that certain content, videos and other materials on or made available via the Services constitute the Confidential Information of Company. “Confidential Information” refers to certain information that is marked as “Confidential” or “Proprietary” that we reasonably regard as proprietary or confidential relating our courses, business, products, processes and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that is not generally known to the public and is disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.

Except as expressly allowed herein, you agree to hold in confidence and not disclose any such Confidential Information except in accordance with this Agreement.

The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to or in your or our possession prior to receiving the disclosure of such Confidential Information as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of this Agreement; or (iv) is made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of this Agreement.

You hereby agree that any unauthorized disclosure of Company’s Confidential Information may cause immediate and irreparable injury to Company and that, in the event of such breach, Company will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

‍8. Hyperlinks
‍You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Company or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

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You may not use a Company logo or other proprietary graphic of Company to link to the Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found within the Services, the content of any text or the layout/design of any page or form contained within the Services, without Company’s express written consent. Except as expressly stated in these Terms, you are not conveyed any right or license by implication, estoppel or otherwise in or under any intellectual property right of Company or any third party.

‍9. User Content
The Services may include discussion forums, blogs, profiles, or other interactive features or areas (collectively, “Interactive Areas”), in which you or other users create, post, transmit or store any content on the Services, such as text, photos, video or graphics (“User Content”). You agree that you are solely responsible for your User Content and for your use of the Interactive Areas, and that you use the Interactive Areas at your own risk.

By submitting or posting User Content, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content via the Services and any other medium. Further, you acknowledge and agree that Company may, but is not obligated to, enforce its rights in the User Content against third-party infringers. You represent and warrant that you own and control all of the rights, title and interest in and to any User Content you provide or you otherwise have all necessary rights to grant the rights to Company that you grant in these Terms.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Content that:

(i) Is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

(ii) Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

(iii) Displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Company or any user;

(iv) May violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;

(v) Makes false or misleading statements, claims or depictions about a person, company, product or service;

(vi) Does not clearly and prominently disclose any material connections you may have to Company or a third-party brand or seller (for example, if you receive free products or services or are a paid blogger or employee of Company or such third-party brand or seller);

(vii) May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(viii) Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(ix) Contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and

(x) In the sole judgment of Company, restricts or inhibits any other person from using or enjoying the Services or which may expose Company or its users to any harm or liability of any type.

Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.

Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.

‍10. Feedback
‍Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about the Services or Company (“Feedback”). Feedback is non-confidential and shall become the sole property of Company. Company shall own, and you hereby assign to Company, all right, title and interest, including all intellectual property rights, in and to such Feedback and Company shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Company (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, Company of any Feedback.

‍11. User Conduct
‍You agree that you will not use the Services in violation of any law, contract or intellectual property or other third party right. You further agree not to:

(i) Use the Services in any manner that could damage, disable, overburden or impair the Services;

(ii) Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Services for the purposes of sending commercial emails;

(iii) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

(iv) introduce to the Services any virus, trojan worms, logic bombs or other harmful material;

(v) Circumvent measures employed to prevent or limit access to any area, content or feature of the Services;

(vi) Use or attempt to use another’s account, or grant any third party any right to access your account, without authorization from Company;

(vii) Engage in any harassing, intimidating, predatory, stalking, or otherwise illegal conduct;

(viii) Develop any third-party applications that interact with User Content and the Services; or

(ix) “Frame” our Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose without the prior written permission of Company.

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11.1 Background Checks and Screening‍

Dating By Blaine engages third-party service providers to conduct background checks and screening on matchmaking clients and, in some cases, other users of the Services (e.g. coaching clients)

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By using the Services, applying to become a client, or otherwise submitting your information to Dating By Blaine, you expressly authorize Dating By Blaine and its service providers to conduct background checks and screening on you. These checks may include, without limitation:

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• Searches of criminal records and public court records
• Sex offender registry searches
• Identity verification
• Social media and internet searches
• Other lawful screening using publicly available or lawfully obtained data

You understand and agree that Dating By Blaine does not conduct these checks itself, and instead relies on third-party providers and publicly available or lawfully obtained information.

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You authorize Dating By Blaine, to the fullest extent permitted by law, to obtain and use consumer reports and/or investigative consumer reports about you from third-party screening providers to evaluate eligibility for the Services and for safety and trust purposes.

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You agree to provide any additional written or electronic consent that may be requested by Dating By Blaine or its screening providers in connection with such checks.

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11.2 No Warranty or Guarantee

Background checks and screening are inherently limited, and may be incomplete, inaccurate, or out of date. Not all criminal activity, identity information, or other relevant information may be reported or discoverable. Dating By Blaine does not verify and cannot guarantee the accuracy, completeness, or reliability of any screening results.

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Background checks are provided solely as one factor in evaluating participation in the Services and are not a guarantee of safety, identity, character, or behavior.

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11.3 Interactions With Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND FOR ANY DECISIONS YOU MAKE TO COMMUNICATE WITH, MEET, OR FORM RELATIONSHIPS WITH OTHER INDIVIDUALS.

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Although Dating By Blaine conducts background checks on matchmaking clients using third-party providers, YOU UNDERSTAND AND AGREE THAT SUCH SCREENING IS LIMITED, AND DOES NOT ELIMINATE RISK.

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Specifically, Dating By Blaine, cannot and does not:

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• Verify all information provided by users
• Guarantee that any user has no criminal history
• Guarantee the accuracy or completeness of screening results
• Guarantee the conduct, intentions, identity, or compatibility of any user

You agree to take reasonable precautions in all interactions, including when meeting in person.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATING BY BLAINE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR INTERACTIONS WITH OTHER USERS, INCLUDING WITHOUT LIMITATION:

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• Bodily injury
• Emotional distress
• Fraud or misrepresentation
• Harassment or misconduct
• Any other damages resulting from communications or meetings with users.

You understand that Dating By Blaine makes no guarantees, express or implied, regarding compatibility, safety, or the outcome of any introduction.

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‍12. Repeat Infringer Policy; Copyright Complaints
‍In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Name of Designated Agent: Gregory Anderson
Address: 3190 E Vía Palomita, Tucson, AZ 85718
E-Mail Address: blaine@datingbyblaine.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

‍13. Third-Party Content, Advertisements and Promotions
‍Company may provide third-party content on the Services, including without limitation advertisements and promotional offers, and may provide links to web pages and content of third parties (collectively the “Third-Party Content”). Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Your use of any Third-Party Content is at your own risk. The inclusion of Third-Party Content on the Services does not imply affiliation, endorsement or adoption by Company of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

‍14. Disclaimer
THIS SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DATING BY BLAINE "WITH ALL FAULTS" AND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DATING BY BLAINE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

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We make no warranty that the Site or Services will meet your requirements, or that the Site and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Site or Services, or that defects in the Site or Services will be corrected. No advice or information, whether oral or written, obtained by you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

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‍THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS COMPANY’S OFFICIAL POSITION ON ANY SUBJECT MATTER. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES YOU ARE RESPONSIBLE FOR ANY USE OF THE SERVICES AND THE INFORMATION THEY CONTAIN, AND YOU AGREE TO HOLD BLAINE ANDERSON AND DATING BY BLAINE, LLC HARMLESS IN ANY CLAIM OR EVENT. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

‍15. Indemnification
You agree to indemnify, defend and hold harmless Company, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents ("Dating By Blaine Parties"), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Site or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services. Dating By Blaine 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 us in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Site and/or Services.

‍16. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

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IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO TEN DOLLARS (U.S. $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

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Without limiting the foregoing, under no circumstances will we, or our licensors, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

‍17. No Third-Party Beneficiaries
‍These Terms are for the benefit of, and will be enforceable by, Company and you only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

‍18. Modifications to the Services
‍Company reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Company will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

‍19. Arbitration
‍PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

‍19.1. Binding Arbitration
‍Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company agree (a) to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services, resolved in a court, and (b) to waive your and Company’s respective rights to a jury trial. Instead, you and Company agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

‍19.2. No Class Arbitrations, Class Actions or Representative Actions
‍You and Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Company and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

‍19.3. Federal Arbitration Act
‍You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section 19 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

‍19.4. Notice; Informal Dispute Resolution
‍You and Company agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Company shall be sent by certified mail or courier to Dating By Blaine, LLC. Attn: Dating By Blaine Legal, 3190 E Vía Palomita, Tucson, AZ 85718. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Company account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Company may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically.

‍19.5. Process
‍Except for Disputes arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company agree that any Dispute must be commenced or filed by you or Company within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the Dispute). You and Company agree that (a) any arbitration will occur in Austin, Texas, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Texas and the United States, respectively, sitting in Travis County, Texas, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

‍19.6. Authority of Arbitrator
‍As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

‍19.7. Rules of JAMS
‍The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

‍19.8. Severability
‍If any term, clause or provision of this Section 19 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 19 will remain valid and enforceable. Further, the waivers set forth in Section 19.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

‍19.9. Opt-Out Right
‍You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by writing to: Dating By Blaine, LLC., Attn: Dating By Blaine Legal, 3190 E Vía Palomita, Tucson, AZ 85718. In order to be effective, the opt out notice must include your full name, email address, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 20.

‍20. Governing Law; Forum
‍Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Company agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property, or relating to these Terms shall be filed only in the state and federal courts located in Travis County, Texas (except for small claims disputes, which may be filed in the jurisdiction in which you reside), and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

‍21. Termination
‍Company reserves the right, without advance notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services.

‍22. Severability
‍If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provision

Contact Us
‍If you have any questions about our Terms of Service, please contact us at blaine@datingbyblaine.com.