Terms of Service

Termination of User Account

These terms of service are entered into between you and PACTM LLC, a Nevada limited liability company doing business as Fetisher (“Fetisher,” “we,” or “us”). The following agreement and any documents it references (collectively, the “agreement”) governs your access to and use of https://www.fetisher.co/,including any content, functionality, and services offered on or through https://www.fetisher.co/ (the “Website”), whether as a guest or a registered user.

Notice to California Subscribers: You may cancel your Subscription, without penalty or obligation, at any time before midnight of the third business day after the date you subscribed. You may request a refund by emailing us at [email protected] or by mailing a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect to 318 North Carson Street, Carson City, Nevada 89701. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account.

Acceptance of Agreement

1. This document contains important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.
2. Section 24 of this agreement contains a mandatory agreement to arbitrate on an individual basis to resolve disputes, rather than jury trials or class actions. By using our Website and accepting this agreement, you hereby (1) agree to binding arbitration of these claims before a neutral arbitrator, and (2) waive your rights to go to court, have a jury hear your case, or participate as part of a class of plaintiffs for any disputes with us.
3. By using the Website or by clicking to agree to this agreement when that option is made available to you, you affirm that you are of legal age to enter into this agreement, and you accept and are abound by this agreement.
4. You must not use or obtain services from this Website if you (1) do not agree to this agreement, (2) are not the older of (A) at least 18 years of age or (B) legal age to form a binding contract with Fetisher, or (3) are prohibited from accessing or using this Website or any of this Website’s contents or services by law.

Changes to Agreement

We may revise and update this agreement on one or more occasions. If the changes affect your substantive rights, the Website will require you to review and agree to the amended agreement before you can continue to use the Website. All changes are effective immediately when posted and apply to all access to and use of the Website afterward. However, any changes to section 23 (Governing Law and Jurisdiction) or section 24 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Accessing the Website

We may withdraw or amend our Website and any service or material provided on it without notice. We will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. On one or more occasions, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to access the Website and its Materials. Access to the Website might not be legal by certain persons or in certain countries. We are not making any statement that the Website or its Materials are accessible or appropriate in your jurisdiction. Please check with your individual jurisdiction for legality. Otherwise, you access the Website on your own initiative and are responsible for complying with local laws.

Your Account

1. To access many of the Website’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password or authenticate using any third-party service offered on the Website. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 4(a). Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords.
2. You must not create an account or use the Website or services unless all the following are true, and by using our Website and services, you state that the following facts are accurate: (1) you are at least 18 years of age; (2) you are legally qualified to enter a binding contract with Fetisher; (3) you are single or separated from your spouse; (4) you are not located in a country that is subject to a US Government embargo, or that has been designed by the US Government as a ”terrorist supporting” country; (5) you are not on any list of individuals prohibited from conducting business with the United States; (6) you are not prohibited by law from using our Website or services; (7) you have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a nonviolent crime and we have determined that you are not likely to pose a threat to other users of our Website or services; (8) you are not required to register as a sex offender with any state, federal, or local sex offender registry; (9) you do not have more than one account on our Website; and (10) you have not previously been removed from our Website or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account. If at any time you do not meet these requirements, all authorization to access our Website or services is automatically revoked, and you must promptly delete your account.
3. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly let us know about any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement. We may cancel unconfirmed accounts or accounts that have been inactive for more than a year.
4. We will not be liable to you for any loss that you might incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by another person or us because of someone else’s use of your password or account.
5. You must not use anyone else’s account at any time.
6. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons can never defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You provide your personal information at your own risk.
7. By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications from us, please review our Privacy Policy on how to opt out of marketing communications.

Intellectual Property Rights

1. Fetisher owns and operates the Website. All content (including User Content), features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, the “Materials”) are owned by Fetisher, its licensors, or other providers of those Materials. United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
2. Fetisher hereby grants you a limited, personal, nontransferable, nonsublicensable, nonexclusive license to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
   • your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those Materials;
   • you may store files that are automatically cached by your Web browser for display enhancement purposes;
   • you may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution;
   • you may view any Materials to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution;
   • if we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications; and
   • if we provide social media features with certain content, you may take those actions as are enabled by those features.
3. You must not:
   • download any Materials;
   • modify copies of any Materials from the Website;
   • use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
   • delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website; or
   • access or use any part of the Website or the Materials available through it for any commercial purposes.
4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the Materials you have made. No interest in the Website or any Materials on the Website is transferred to you, and Fetisher reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.
5. Fetisher’s name and logo, the term FETISHER, the Website’s logo, and all related names, domain names, logos, product and service names, designs, and slogans, and the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Fetisher, its affiliates, or licensors. You must not use those marks in whole or in part with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits us, without first obtaining our written permission. Any use of these marks must be under any guidelines that we may provide you with on one or more occasions. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.

Prohibited Uses

1. You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
   • in any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding exporting data or software to and from the US or other countries);
   • to exploit, harm, or try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
   • to harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person;
   • to send, knowingly receive, upload, download, use, or re-use any User Content that does not comply with the Content Standards set out in this agreement, including, but not limited, obscene, false, misleading, or illegal information or content;
   • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
   • to solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
   • to solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
   • if you have ever been convicted of an offense of a sexual nature, if you currently are charged with an offense of a sexual nature, or if you are required to register as a sex offender with any government body in any country;
   • for any illegal purpose, including, without limitation, prostitution, solicitation, human trafficking pedophilia, or other exploitation or abuse of minors, incest, exploitation, drug trafficking, financial fraud, blackmail, arms/weapons trafficking (including but not limited to activities that are subject to International Traffic in Arms Regulations maintained by the United States Department of State), or incitement of violence or terrorism;
   • in any manner that could lead to death, personal injury, or environmental damage;
   • to impersonate or try to impersonate us, a Fetisher employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding); or
   • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm our Website’s users or us or expose them or us to liability.
2. Additionally, you must not:
   • use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website;
   • conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website for any purpose, including the development, training, fine-tuning, or validation of AI systems or models, including using (or permitting, authorizing, or attempting the use of) (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Website or any data, content, information, or services accessed through the Website, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models that includes but is not limited to patterns, trends, and correlations;
   • use the Website or any data published by, contained in, or accessible through, the Website or any services provided through, or concerning, the Website for the purposes of developing, training, fine-tuning, or validating any AI system or model or for any other purposes;
   • use any manual process to monitor or copy any of the Materials or any other unauthorized purpose without our prior written consent;
   • use any device, software, or routine that interferes with the proper working of the Website;
   • introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
   • try to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
   • attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
   • otherwise try to interfere with the Website’s proper working.

User Content

1. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively, “User Content”) on or through the Website. All User Content must comply with the Content Standards set out in section 9.
2. We will consider nonconfidential and nonproprietary any User Content you post to the Website. We encourage you to use caution in disclosing any personal information online.
3. By providing any User Content on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, transferable, sublicensable license to host, store, use, copy, reproduce, adapt, edit, modify, reformat, perform, display, advertise, distribute, incorporate into other works, and otherwise disclose to the general public any such User Content, in whole or in part, and in any way and in any format or medium currently known or developed in the future.
4. You state that the following facts are accurate:
   • you own or control all rights in the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
   • all your User Content does and will comply with this agreement.
5. You are responsible for any User Content you submit or contribute, and you, not the Fetisher, have full responsibility for that User Content, including its legality, reliability, accuracy, and appropriateness.
6. We are not responsible or liable to any nonparty for the content or accuracy of any User Content posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

1. We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Website. We encourage you to report any inappropriate User Content or misconduct by other users to [email protected].
2. We may:
   • remove or refuse to post any User Content for any reason;
   • take any action regarding any User Content that we consider necessary or appropriate, including if we believe that the User Content violates this agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for Fetisher
   • disclose your identity or other information about you to any nonparty who claims that User Content posted by you violates their rights, including their intellectual property rights or their right to privacy;
   • take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or
   • terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of this agreement.
3. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.You hereby waive and shall indemnify Fetisher and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
4. However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or nonparty. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 8.

Content Standards

These content standards (the “Content Standards”) apply to all User Content and use of Interactive Services. User Content must comply with all federal, state, local, and foreign laws and regulations. User Content must not:

1. contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material;
2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
3. encourage or facilitate any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense;
4. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
5. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under laws or regulations or that otherwise might be in conflict with this agreement and our Privacy Policy;
6. be automatically generated, including by artificial intelligence;
7. be likely to deceive anyone;
8. promote any illegal activity or advocate, promote, or assist any unlawful act;
9. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
10. impersonate any person or misrepresent your identity or affiliation with any person or organization;
11. contain personal contact or banking information, whether regarding you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details).
12. nvolve commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers); or
13. give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.

Copyright Infringement

If you believe that any User Content infringes your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is Fetisher’s policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted

1. The information presented on or through the Website is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.
2. This Website includes content provided by nonparties, including materials provided by other users and nonparty licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials and all articles and responses to questions and other content, other than the content provided by Fetisher, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Fetisher’s opinion. We are not responsible or liable to you or any nonparty for the content or accuracy of any materials provided by any nonparties.

Changes to the Website

We may update the content on this Website on one or more occasions, but its content is not necessarily complete or up to date. Any of the material on the Website might be out of date at any given time, and we are not required to update that material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Subscriptions

1. You must purchase a subscription (“Subscription”) to use most features of the Website. We will bill any subscription fee (“Subscription Fee”) to your chosen payment method. We may adjust the Subscription Fee at any time. We do not offer price protection or refunds if there is a price reduction or promotional offering.
2. We may offer various different terms for Subscriptions (for example, monthly, six-month, annual) (each, a “Subscription Term”). Each Subscription Term offered will have its own Subscription Fee indicated during the signup process and will rebill at the Subscription Fee and at the frequency indicated in the receipt sent to your email address. Subscription Fees are subject to change due to laws and taxes; if you do not cancel within 30 days, you are considered to have accepted the Subscription Fee change.
3. If you purchase a Subscription, it will continue for the Subscription Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until you cancel. You must cancel your Subscription before it renews each Subscription Term to avoid billing the next Subscription Term’s Subscription Fee to your payment method. Until canceled, you hereby authorize Fetisher or its authorized payment processor to continue charging your payment method to pay the Subscription Fee. If you cancel your Subscription, you will continue to have access to your Subscription benefits until the end of the Subscription Term, at which point it will expire.
4. You are responsible for all federal, state, and local sales or use taxes payable with your purchase. If you do not pay those taxes on your purchase, you will be responsible for those taxes if they are later found to be payable on that sale, and we may collect those taxes from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each payment transaction.
5. If you believe that we have charged your payment method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared.If you do not notify us in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing through [email protected] and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes and add or credit them against your future payments.
6. You hereby authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method.
7. We carefully investigate all chargebacks. You must not make unjustified chargeback requests of your payment card provider. You remain responsible for the consequences caused by such a breach of contract. We will review excessive and potentially fraudulent chargebacks and we may prevent you from making additional purchases during that review. If we determine that any chargeback request is fraudulent or was made by you in bad faith, we may suspend and terminate your Subscription or any future Subscription you purchase.

Refund Policy

1. All purchases are final and nonrefundable, and there are no refunds or credits for partially used Subscription Terms, except if the laws in your jurisdiction provide for refunds. We may grant a refund if exceptional circumstances exist. If you believe exceptional circumstances exist for a refund, please email us at [email protected]. If we issue a refund in our sole discretion, we will issue that refund in the form of a credit to the payment method used to make the original purchase. We will not issue refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the user and Fetisher. Issuing a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance.This section 15 does not affect any statutory right to receive a refund from Fetisher that a user might have under law.
2. For subscribers living in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
   Your Right to Cancel—You may cancel your Subscription, without penalty or obligation, at any time before midnight of the third business day after the date you subscribed. If you die before the end of your Subscription Term, your estate will be entitled to a refund of that portion of any payment you had made for your Subscription that is allocable to the period after your death. If you become disabled (such that you cannot use our services) before the end of your Subscription Term, you will be entitled to a refund of that portion of any payment you had made for your Subscription that is allocable to the period after your disability by providing Fetisher notice in the same manner as you request a refund as described below.
3. If you are eligible for a refund under section 15(b), please contact us with your order number (see your confirmation email) by emailing or mailing a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice must be sent to: PACTM LLC, Attn: Cancellations, 318 North Carson Street, Carson City, Nevada 89701 or PACTM LLC, Subject: Cancellations, [email protected].

Cancellation Policy

You may cancel your Subscription at any time by contacting our payment processor or by emailing us at[email protected]. If a Subscription is canceled before the renewal date, you will continue to have access to the Website for the remainder of the Subscription Term. Because our Website can be used without a Subscription, canceling your Subscription does not remove your profile from the Website. If you wish to fully remove yourself from the Website, you must delete your profile. To delete your profile, please email us at [email protected].

Linking to the Website and Social Media Features

1. You may link to our homepage or your profile page, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
2. This Website may provide certain social media features that enable you to:
   • link from your own or certain nonparty websites to certain content on this Website;
   • send emails or other communications with certain content, or links to certain content, on this Website; and
   • cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.
3. You may use the features set out in section 17(b) solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:
   • establish a link from any website that is not owned by you;
   • cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
   • link to any part of the Website other than the homepage or your profile page; or
   • otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.
4. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this agreement
5. You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
6. We may disable any social media features and any links at any time without notice.

Links from the Website

If the Website contains links to other sites and resources provided by nonparties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.

No Criminal Background or Identity Verification Checks

You acknowledge that Fetisher does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. Fetisher is not making any warranty about the conduct, identity, intentions, legitimacy, or veracity of users. Fetisher may conduct—and you hereby authorize Fetisher to conduct—any criminal background check or other screenings (including sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If Fetisher decides to conduct any screening through a consumer reporting agency, you hereby authorize Fetisher to obtain and use a consumer report about you to determine your eligible under this agreement.

You are solely responsible for your interactions with other users. Sex offender screenings and other tools do not guarantee your safety and are not a substitute for following sensible safety precautions. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the Website, including automatic notifications sent by Fetisher, may result from users engaging the service for improper purposes, including fraud, abuse, harassment, or other such improper behavior. To learn more about online dating safety, visitGet Safe Online.

Though Fetisher strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Website. You must use caution in all interactions with other users, particularly if you decide to communicate off the Website or meet in person.

Warranty Disclaimers

1. You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (1) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website, or (2) by your downloading of any materials posted on the Website or on any website linked to it.
2. Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. Fetisher offers the Website, its content, and any services or items obtained through the Website “as is” and “as available,” without making any warranties, either express or implied. Neither Fetisher nor any person associated with Fetisher is making any statement about the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither Fetisher nor anyone associated with Fetisherstates (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, (2) that defects will be corrected, (3) that our Website or the server that makes it available are free of viruses or other harmful components, or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
3. Fetisheris not making any guarantee about (1) the number of active users at any time, (2) users’ ability or desire to communicate with or meet you, or (3) the ultimate compatibility with or conduct by users you meet through the Website.
4. Fetisher is not assuming any responsibility for any User Content that you or another user or nonparty posts, sends, or receives through our Website. Nor is Fetisher assuming any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate with through the Website.
5. To the extent provided by law, Fetisher is not making any warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, noninfringement, and fitness for particular purpose.
6. The above does not affect any warranties that cannot be excluded or limited under law.

Limitation of Liability

1. To the extent provided by law, in no event will the collective liability of Fetisher and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount you have paid to Fetisher for Subscription Fees in the last six months out of which liability arose.
2. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.
3. The above does not affect any liability that cannot be excluded or limited under law.

Indemnification

You shall indemnify Fetisher, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal fees) arising out of or relating to your violation of this agreement or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as authorized in this agreement, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

1. Nevada law governs all adversarial proceedings arising out of this agreement or the Website
2. If either party brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under law, that party may bring that proceeding only in the United States District Court for the District of Nevada or, only if there is no federal subject matter jurisdiction, in a state court of Nevada sitting in Las Vegas. Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Arbitration and Class Action Waiver

1. You and Fetisher are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action regarding a claim. Other rights that you would have if you went to court might also be unavailable or might be limited in arbitration.
2. As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the Website (other than any proceeding brought by a party seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under law), a party may demand that the dispute be resolved by arbitration administered by National Arbitration and Mediation (NAM) in accordance with its Comprehensive Dispute Resolution Rules and Procedures, which are available at https://www.namadr.com/resources/rules-fees-forms/ or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address [email protected]. Judgment on any award rendered in any arbitration may be entered in any court having jurisdiction
3. The parties intend to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative proceeding. The arbitrator must not consolidate more than one person’s claims and must not otherwise preside over any form of a representative or class proceeding.
4. The arbitrator will have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitration, except that the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
5. Any arbitration begun in accordance with this arbitration provision must be conducted by one arbitrator.
6. Any arbitration begun in accordance with this arbitration provision must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. If virtual arbitration is not possible due to technical issues, because the arbitrator is unwilling or unable to attend the arbitration virtually, or for one or more other compelling reasons, the arbitration must be conducted in Las Vegas, Nevada.
7. The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration
8. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
9. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
10. If any provision of this arbitration provision is found unenforceable, the unenforceable provision will be severed, and the remaining portions of the arbitration agreement will remain in force.

Recovering Expenses

In an adversarial proceeding between the parties arising out of this agreement or the Website, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or the Website more than one year after the date that dispute arose.

Special State Terms

1. For subscribers living in New York:
   • the Website does not guarantee any number of “referrals”—rather, the functionality of the Website is such that the subscriber can view as many profiles as he or she would like;
   • on notice in writing and delivered to PACTM LLC, 318 North Carson Street, Carson City, Nevada 89701, subscribers may place their Subscription on hold for up to one year;
   • how your information is used and how you may access your information is set out in our Privacy Policy; and
   • you may review the New York Dating Service Consumer Bill of Rights here.
2. For subscribers living in North Carolina, you may review the North Carolina Buyer’s Rightshere.
3. For subscribers living in Illinois, New York, North Carolina, and Ohio:
   Our Website is widely available in the United States—if you believe that you have moved outside a location where we provide the Website, please contact us in writing delivered to PACTM LLC, 318 North Carson Street, Carson City, Nevada 89701, and we will work with you to provide alternative services or a refund.
4. For subscribers living in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: Your Right to Cancel—You may cancel your Subscription, without penalty or obligation, at any time before midnight of the third business day after the date you subscribed. If you die before the end of your Subscription Term, your estate will be entitled to a refund of that portion of any payment you had made for your Subscription that is allocable to the period after your death. If you become disabled (such that you cannot use our Website) before the end of your Subscription Term, you will be entitled to a refund of that portion of any payment you had made for your Subscription that is allocable to the period after your disability by providing Fetisher notice in the same manner as you request a refund as described above in section 15(c).

Miscellaneous

1. This agreement constitutes the entire understanding between the parties regarding the Website. You acknowledge that because you have not relied on, and will not be relying on, any statements made by Fetisher regarding the Website, you will have no basis for bringing any claim for fraud in connection with any such statements.
2. This agreement is personal to you. You shall not transfer to any person (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer by you in violation of this section 28(b) will be void.
3. No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.
4. If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of these terms of service will continue in full effect.
5. You may give notice to us by email at [email protected] or by mail at PACTM LLC, Attn: Legal Department, 318 North Carson Street, Carson City, Nevada 89701. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying us. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave us for contacting you is a valid email address for receiving notice.
6. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.
7. We may record communications conducted or initiated using the Interactive Services including all chat, messages, email, and other forms of communications. We use recorded data obtained to evaluate the Website, to monitor compliance with this agreement, for quality assurance purposes, and to promote the Website. You may opt out of our use of any recording for marketing purposes by sending an email to [email protected] and putting “Recording Out” in the subject of the email
8. We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
9. This section 28(i) applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
   PACTM LLC
   318 North Carson Street
   Carson City, Nevada 89701
   Users who wish to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering, but consumers who want to gain full access to all the Website’s features must purchase a Subscription. We post the current Subscription Fees on the Website. You may contact us at [email protected] to resolve any billing disputes or to receive further information about the Website.
10. This section 28(j) applies only to California residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
11. The Website is operated by PACTM LLC, 318 North Carson Street, Carson City, Nevada 89701. All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at [email protected].