{"id":7474,"date":"2021-11-15T21:51:07","date_gmt":"2021-11-15T21:51:07","guid":{"rendered":"https:\/\/cinqelocal.com\/?page_id=7474"},"modified":"2021-11-15T21:52:42","modified_gmt":"2021-11-15T21:52:42","slug":"terms","status":"publish","type":"page","link":"https:\/\/cinqelocal.com\/terms\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"<h2><strong>Terms of Use<\/strong><\/h2>\n<p><strong>\u00a0<\/strong><strong>Last revised on: November 15, 2021<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>The website located at www.cinqelocal.com (the \u201c<strong>Site<\/strong>\u201d) is a copyrighted work belonging to Cinqe, Inc. (\u201c<strong>Company<\/strong>\u201d, \u201c<strong>us<\/strong>\u201d, \u201c<strong>our<\/strong>\u201d, and \u201c<strong>we<\/strong>\u201d).\u00a0 Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.\u00a0 All such additional terms, guidelines, and rules are incorporated by reference into these Terms.<\/p>\n<p>Your use of, and participation in, certain Services may be subject to additional terms (&#8220;Supplemental Terms&#8221;) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. For example, Supplemental Terms may apply if you register for a Company event or purchase additional services. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms of Use and any applicable Supplemental Terms are referred to herein as the &#8220;Terms.&#8221;<\/p>\n<p>THESE TERMS OF USE (THESE \u201c<strong>TERMS<\/strong>\u201d) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE.\u00a0 BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).\u00a0 YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.\u00a0 IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND\/OR USE THE SITE.<\/p>\n<p>THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.<\/p>\n<ol>\n<li><strong>Accounts <\/strong>\n<ul>\n<li><strong>Account Creation. <\/strong>In order to use certain features of the Site, you must register for an account (\u201c<strong>Account<\/strong>\u201d) and provide certain information about yourself as prompted by the account registration form.\u00a0 You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.\u00a0 Company may suspend or terminate your Account in accordance with Section<\/li>\n<li><strong>Account Responsibilities.<\/strong> You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.\u00a0 You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.\u00a0 Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Access to the Site <\/strong>\n<ul>\n<li>Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.<\/li>\n<li><strong>C<\/strong><strong>ertain Restrictions. <\/strong>The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.\u00a0 Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.\u00a0 All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.<\/li>\n<li>Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.\u00a0 You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.<\/li>\n<li><strong>No Support or Maintenance.<\/strong> You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.<\/li>\n<li>Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company\u2019s suppliers.\u00a0 Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section <a href=\"applewebdata:\/\/E2A91BCB-214C-45BB-9E64-3828E8E563D3#Ref303914870\">2.1<\/a>. Company and its suppliers reserve all rights not granted in these Terms.\u00a0 There are no implied licenses granted under these Terms.<\/li>\n<\/ul>\n<\/li>\n<li><strong>U<\/strong><strong>s<\/strong><strong>er Content<\/strong>\n<ul>\n<li><strong>U<\/strong><strong>ser Content.<\/strong> \u201c<strong>User Content<\/strong>\u201d means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user\u2019s profile or postings).\u00a0 You are solely responsible for your User Content.\u00a0 You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.\u00a0 You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section <a href=\"applewebdata:\/\/E2A91BCB-214C-45BB-9E64-3828E8E563D3#Ref303914981\">3<\/a>).\u00a0 You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company.\u00a0 Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.\u00a0 Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.\u00a0 You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.<\/li>\n<li>You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.\u00a0 You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.<\/li>\n<li><strong>A<\/strong><strong>cceptable Use Policy. <\/strong>The following terms constitute our \u201c<strong>Acceptable Use Policy<\/strong>\u201d:\n<ul>\n<li>You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another\u2019s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.<\/li>\n<li>In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user\u2019s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).<\/li>\n<\/ul>\n<\/li>\n<li>We reserve the right (but have no obligation) to review any User Content, and to investigate and\/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section <a href=\"applewebdata:\/\/E2A91BCB-214C-45BB-9E64-3828E8E563D3#Ref228013948\">8<\/a>, and\/or reporting you to law enforcement authorities.<\/li>\n<li>If you provide Company with any feedback or suggestions regarding the Site (\u201c<strong>Feedback<\/strong>\u201d), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.\u00a0 Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.\u00a0 You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.<\/li>\n<\/ul>\n<\/li>\n<li>You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys\u2019 fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.\u00a0 Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.\u00a0 You agree not to settle any matter without the prior written consent of Company.\u00a0 Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.<\/li>\n<li><strong>Third-Party Links &amp; Ads; Other Users<\/strong>\n<ul>\n<li><strong>Third-Party Links &amp; Ads. <\/strong>The Site may contain links to third-party websites and services, and\/or display advertisements for third parties (collectively, \u201c<strong>Third-Party Links &amp; Ads<\/strong>\u201d).\u00a0 Such Third-Party Links &amp; Ads are not under the control of Company, and Company is not responsible for any Third-Party Links &amp; Ads.\u00a0 Company provides access to these Third-Party Links &amp; Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links &amp; Ads.\u00a0 You use all Third-Party Links &amp; Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links &amp; Ads, the applicable third party\u2019s terms and policies apply, including the third party\u2019s privacy and data gathering practices.\u00a0 You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links &amp; Ads.<\/li>\n<li><strong>Other Users. <\/strong>Each Site user is solely responsible for any and all of its own User Content.\u00a0 Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.\u00a0 We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.\u00a0 Your interactions with other Site users are solely between you and such users.\u00a0 You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.\u00a0 If there is a dispute between you and any Site user, we are under no obligation to become involved.<\/li>\n<li>You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links &amp; Ads).\u00a0 IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: \u201cA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.\u201d<\/li>\n<\/ul>\n<\/li>\n<li>Through our Site, you may provide personal information for us to use in our offline matchmaking services (&#8220;Matching&#8221;). We do not offer Matching on the Site. By providing such personal information, you hereby authorize us to disclose this information to our clients.\n<ul>\n<li><strong>Criminal History. <\/strong>By registering to use the Matching, you represent and warrant that you have never been convicted of a felony and\/or are not required to register as a sex offender with any government entity. Cinqe reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this section. However, as a matter of practice, Cinqe does not conduct background checks.<\/li>\n<li><strong>Matching Criteria. <\/strong>Matching requires your completion of a registration questionnaire. We do not guarantee that the Matching will provide any matches at all or that you will ever be contacted as a result of the Matching. All Matching and other information provided through the Services is for informational and entertainment purposes only. Your use of the Services must be for bona fide-relationship-seeking purposes in order to maintain the integrity of the Matching.<\/li>\n<li><strong>Marital Status. <\/strong>By requesting to receive matches from the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Services.<\/li>\n<li><strong>Risk Assumption and Precautions. <\/strong>You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You are solely responsible for your interactions with other Cinqe users. You understand that Cinqe makes no guarantees, either express or implied, regarding your ultimate or lasting compatibility with individuals you meet as a result of or through Cinqe. You agree to take all necessary precautions when meeting or continuing to see such individuals. When we say &#8220;other Cinqe users&#8221;, we mean any person you may meet as a result of your use of Cinqe, whether at a Cinqe event or through a potential match set up by Cinqe. You will promptly report to Cinqe any violation of the Terms by others, including but not limited to, other Cinqe users. You agree to, and hereby do, release Cinqe and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other Cinqe users. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, \u201cA general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.\u201d The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Cinqe or for such party\u2019s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.<\/li>\n<li><strong>No Harassment of Cinqe Employees or Agents. <\/strong>You will not harass, annoy, intimidate or threaten any Cinqe employees or agents engaged in providing any portion of the Services to you.<\/li>\n<li><strong>Disclosure to Protect Abuse Victims. <\/strong>Notwithstanding any other provision of these Terms or the Privacy Policy, Cinqe reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Cinqe suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, domestic violence, or trafficking. Information may be disclosed to authorities that Cinqe, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Cinqe is permitted to make such disclosures.<\/li>\n<li><strong>YOUR INTERACTIONS WITH OTHER USERS. <\/strong>YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER CINQE USERS. YOU UNDERSTAND THAT CINQE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. CINQE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. CINQE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS CLIENTS OR USERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. CINQE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL CINQE 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 SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND\/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER CINQE USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT CINQE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF CINQE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Disclaimers<\/strong><\/li>\n<\/ol>\n<p>THE SITE IS PROVIDED ON AN \u201cAS-IS\u201d AND \u201cAS AVAILABLE\u201d BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.\u00a0 WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.\u00a0 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.<\/p>\n<p>&nbsp;<\/p>\n<p>SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.\u00a0 SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.<\/p>\n<p>&nbsp;<\/p>\n<ol start=\"8\">\n<li><strong>Limitation on Liability<\/strong><\/li>\n<\/ol>\n<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\u00a0 ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.<\/p>\n<p>TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.\u00a0 YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.<\/p>\n<p>SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.<\/p>\n<ol start=\"9\">\n<li><strong>T<\/strong><strong>erm and Termination. <\/strong>Subject to this Section, these Terms will remain in full force and effect while you use the Site.\u00a0 We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.\u00a0 Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.\u00a0 You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.\u00a0 Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.\u00a0 Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections <a href=\"applewebdata:\/\/E2A91BCB-214C-45BB-9E64-3828E8E563D3#Ref228014206\">2<\/a> through <a href=\"applewebdata:\/\/E2A91BCB-214C-45BB-9E64-3828E8E563D3#Ref287369117\">2.5<\/a>, Section <a href=\"applewebdata:\/\/E2A91BCB-214C-45BB-9E64-3828E8E563D3#Ref287369132\">3<\/a> and Sections 4 through 10.<\/li>\n<li><strong>C<\/strong><strong>opyright Policy. <\/strong><\/li>\n<\/ol>\n<p>Company respects the intellectual property of others and asks that users of our Site do the same.\u00a0 In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights.\u00a0 If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. \u00a7 512(c)) must be provided to our designated Copyright Agent:<\/p>\n<ol>\n<li>your physical or electronic signature;<\/li>\n<li>identification of the copyrighted work(s) that you claim to have been infringed;<\/li>\n<li>identification of the material on our services that you claim is infringing and that you request us to remove;<\/li>\n<li>sufficient information to permit us to locate such material;<\/li>\n<li>your address, telephone number, and e-mail address;<\/li>\n<li>a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and<\/li>\n<li>a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<p>Please note that, pursuant to 17 U.S.C. \u00a7 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney\u2019s fees incurred by us in connection with the written notification and allegation of copyright infringement.<\/p>\n<p>&nbsp;<\/p>\n<p>The designated Copyright Agent for Company is: Iuuri.Legal, Inc.<\/p>\n<p>Designated Agent: Brig Ricks<\/p>\n<p>Address of Agent: 548 Market St. #88614, San Francisco, CA 94104<\/p>\n<p>Telephone: 415-799-9866<\/p>\n<p>Email: brig.ricks@iuuri.com<\/p>\n<p>&nbsp;<\/p>\n<ol start=\"10\">\n<li><strong>General<\/strong>\n<ul>\n<li>These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and\/or by prominently posting notice of the changes on our Site.\u00a0 You are responsible for providing us with your most current e-mail address.\u00a0 In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.\u00a0 Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site.\u00a0 These changes will be effective immediately for new users of our Site.\u00a0 Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.<\/li>\n<li><strong>Dispute Resolution. <\/strong><strong><em>Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.\u00a0 It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.<\/em><\/strong>\n<ul>\n<li><em>Applicability of Arbitration Agreement.<\/em> All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.\u00a0 Unless otherwise agreed to, all arbitration proceedings shall be held in English.\u00a0 This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.<\/li>\n<li><em>Notice Requirement and Informal Dispute Resolution<\/em>. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (<strong>\u201cNotice\u201d<\/strong>) describing the nature and basis of the claim or dispute, and the requested relief.\u00a0 A Notice to the Company should be sent to: 1942 Broadway St., STE 314C, Boulder, Colorado 80302.\u00a0 After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.\u00a0 If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.\u00a0 The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.<\/li>\n<li>Arbitration Rules.Arbitration shall be initiated through the American Arbitration Association (<strong>\u201cAAA\u201d<\/strong>), an established alternative dispute resolution provider (<strong>\u201cADR Provider\u201d<\/strong>) that offers arbitration as set forth in this section.\u00a0 If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.\u00a0 The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and\/or demanding arbitration, except to the extent such rules are in conflict with the Terms.\u00a0 The AAA Consumer Arbitration Rules (<strong>\u201cArbitration Rules\u201d<\/strong>) governing the arbitration are available online at <a href=\"http:\/\/www.adr.org\/\">adr.org<\/a> or by calling the AAA at 1-800-778-7879.\u00a0 The arbitration shall be conducted by a single, neutral arbitrator.\u00a0 Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.\u00a0 For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.\u00a0 Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.\u00a0 If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.\u00a0 If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.\u00a0 Each party shall bear its own costs (including attorney\u2019s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.<\/li>\n<li><em>Additional Rules for Non-Appearance Based Arbitration<\/em>. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and\/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.\u00a0 The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.<\/li>\n<li><em>Time Limits.<\/em> If you or the Company pursue arbitration, the arbitration action must be initiated and\/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.<\/li>\n<li><em>Authority of Arbitrator<\/em>. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.\u00a0 The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.\u00a0 The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.\u00a0 The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.\u00a0 The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.\u00a0 The award of the arbitrator is final and binding upon you and the Company.<\/li>\n<li><em>Waiver of Jury Trial.<\/em> THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.\u00a0Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.\u00a0 In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.<\/li>\n<li><em>Waiver of Class or Consolidated Actions<\/em>. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.<\/li>\n<li><em>Confidentiality<\/em>. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.\u00a0 The parties agree to maintain confidentiality unless otherwise required by law.\u00a0 This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.<\/li>\n<li><em>Severability<\/em>. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.<\/li>\n<li><em>Right to Waive.<\/em> Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.\u00a0 Such waiver shall not waive or affect any other portion of this Arbitration Agreement.<\/li>\n<li><em>Survival of Agreement<\/em>. This Arbitration Agreement will survive the termination of your relationship with Company.<\/li>\n<li><em>Small Claims Court.<\/em> Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.<\/li>\n<li><em>Emergency Equitable Relief<\/em>. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.\u00a0 A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.<\/li>\n<li><em>Claims Not Subject to Arbitration. <\/em>Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party\u2019s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.<\/li>\n<li>In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Boulder County, Colorado, for such purpose<\/li>\n<\/ul>\n<\/li>\n<li>The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.<\/li>\n<li>Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.<\/li>\n<li><strong>Electronic Communications.<\/strong> The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.<\/li>\n<li><strong>Entire Terms.<\/strong> These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word \u201cincluding\u201d means \u201cincluding without limitation\u201d. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.\u00a0 Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.\u00a0 These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company\u2019s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.\u00a0 Company may freely assign these Terms.\u00a0 The terms and conditions set forth in these Terms shall be binding upon assignees.<\/li>\n<li><strong>Copyright\/Trademark Information<\/strong>. Copyright \u00a9 2021 Cinqe, Inc. All rights reserved.\u00a0 All trademarks, logos and service marks (\u201c<strong>Marks<\/strong>\u201d) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.<\/li>\n<li><strong>Contact Information:<\/strong><\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<p>Customer Service<br \/>\nCinqe, Inc.<br \/>\n1942 Broadway St., STE 314C<br \/>\nBoulder, Colorado 80302<br \/>\nEmail: customersuccess@cinqe.com<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Terms of Use \u00a0Last revised on: November 15, 2021 &nbsp; The website located at www.cinqelocal.com (the \u201cSite\u201d) is a copyrighted work belonging to Cinqe, Inc&#8230;.<\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.4 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Terms of Use - Local Matchmaking Services<\/title>\n<meta name=\"robots\" content=\"noindex, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms of Use - Local Matchmaking Services\" \/>\n<meta property=\"og:description\" content=\"Terms of Use \u00a0Last revised on: November 15, 2021 &nbsp; 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