Seeking Sugar Daddies | SERVICE AGREEMENT

Seekingsugardadaddies.com SERVICE AGREEMENT

This Service Agreement (the "Agreement") and the accompanying Privacy Policy together are a legal agreement between you and SuccessfulMatch.com ("SM.com"), the owner and provider of the SeekingSugarDaddies.com ("SDD.com") website. SDD.com is an online service (the "Service") that is one of a number of separate internet dating websites, each with their own membership database, owned and operated by SM.com for adults who use the Service to meet online with other adults of similar interests and backgrounds. For the purposes of this Agreement, members of SDD.com are referred to as a "Member," "Members" or "SDD.com Members." Please read this Agreement and the Privacy Policy carefully. Before registering to become a SDD.com Member, you must check the box below and agree to the terms and conditions of this Agreement and the Privacy Policy.

By checking the box at the end of this Agreement, you will have accepted and signed this Agreement electronically. A copy of the Privacy Policy and of this Agreement, dated the day you signed it electronically, will be returned to you by email. Please read this Agreement carefully before you sign it. Excluding Sundays and holidays, you will have until midnight on the third business day after the date you signed this Agreement electronically to cancel your membership without any penalty of obligation to you. See Section 26 below for details on how to cancel during that three-day period. If you wish to terminate your membership at any time for any reason, see Section 11.3 below.

This Agreement is dated ___________, which is located at "Support@SeekingSugarDaddies.com."

You may register as a Member at no cost and use some, but not all, of the features and services available on the SDD.com website. To access or use additional features and services, including but not limited to the ability to send mails to other Members, you must become a paying Member. The policies and conditions set forth in this Agreement and the Privacy Policy are a part of this Agreement. Absent special offers, you acknowledge and agree that, if you are not a paying Member, you will not be able to use all the features and services available on the website, including but not limited to sending emails to other Members. Both paying and non-paying Members' profiles may remain posted on the website even if that Member is not actively using the website. You acknowledge that, although Members may view another Member's profile, you may not (even as a paying Member) be able to use the website to communicate with that Member if he or she is not actively using the site.

If you check the box at the end of this Agreement, you become a Member, and you agree to be bound by the terms and conditions of this Agreement and the Privacy Policy for as long as you are a Member. If you do not agree to the terms and conditions, please do not check the box below or register as a Member. The terms and conditions of this Agreement and the Privacy Policy are subject to change at any time, effective upon notice to you by a posting on the SDD.com website of any such changes and your checking a box to indicate your acceptance of the changes (see provisions at the end of this Agreement).

This SDD.com website is part of a network of affiliated dating websites ("Affiliates") , caters specifically to Sugar Daddy and Sugar Baby Dating. (the "SM.com Network"). Although the SDD.com Member database is owned and maintained by SM.com, most of the websites within the SM.com Network are not owned or maintained by SM.com. You can see a list of current Affiliate websites via this link. Affiliate websites are landing pages which provide a portal to the SDD.com website, which potentially increases the number of individuals with whom you may have a match. Affiliate websites within the SM.com Network have different domain names, but all link to the SDD.com website.

If you create or maintain a profile on the SDD.com website, and you share your profile or username with other SDD.com Members, you are agreeing that your profile may be displayed to such Members. Anyone who is a SDD.com Member, and who accesses the SDD.com website through an Affiliate landing page, can view your profile on the SDD.com website, unless you set your profile to invisible or restrict access to portions of your profile. Non-members cannot recognize your specific identity by accessing your profile, either on the SDD.com website or from an Affiliate landing page, unless you provide public information about yourself, which you have agreed you will not do. See, section 8.3 of this Agreement.

IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS IN THIS AGREEMENT OR THE PRIVACY POLICY, DO NOT CHECK THE BOX BELOW OR REGISTER TO BECOME A SDD.COM MEMBER. IF AT ANY POINT AS A SDD.com MEMBER YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS IN THIS AGREEMENT OR THE PRIVACY POLICY, AS AMENDED FROM TIME TO TIME, YOU MAY TERMINATE YOUR MEMBERSHIP BY SENDING AN EMAIL TO SUPPORT@SeekingSugarDaddies.com.

1. TERMS & CONDITIONS

1.1 The Service is provided to you under the terms and conditions of this Agreement and the Privacy Policy.

1.2 You must be at least 18 years of age to register as a Member of SDD.com or to use the SDD.com website. Membership in the Service is void where prohibited.

1.3 If you wish to obtain a copy of this Agreement in non-electronic form, please contact SDD.com at the address listed on the Contact page.

2. MEMBER'S REGISTRATION INFORMATION

2.1 As a condition for using the Service, you agree to:

provide true, accurate, current and complete information about yourself as prompted during the registration process, including but not limited to the Contact Information form; and
maintain and update this information to keep it true, accurate, current and complete.

2.2 If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, SM.com has the right to terminate your account and refuse any and all current or future use of the Service.

3. PROFILE SHARING AND DISTRIBUTION

3.1 Affiliate websites are merely landing pages that direct or link persons to the SDD.com website. A person cannot view your profile or private photos from an Affiliate website. Whether a person comes to the SDD.com website from an Affiliate website or is already on the SDD.com website, that person would have to become a SDD.com Member to view or access your profile or private photos stored in the SDD.com database.

3.2 SM.com may share information, including your personal information, with third parties (non-Members) that perform certain services on behalf of SM.com and SDD.com including analytics, fraud prevention, customer service, member screenings, payment processing, and support of the SDD.com website functionality.

4. CONTENT POSTED BY YOU

4.1 You hereby acknowledge, understand and agree that you have disclosed freely and knowingly all information provided by you to SM.com and that any and all information posted in or on the SDD.com website will be used in furtherance of the services offered via the SM.com Network. SM.com will not knowingly or willfully disclose your information to any third party without your authorization as described in detail in the Privacy Policy, except as may otherwise be permissible by this Agreement or the Privacy Policy. Although we strive to maintain the necessary safeguards to protect your Personal Information, Financial Information (as those terms are defined in the Privacy Policy) and other data, you acknowledge and agree that we cannot ensure the absolute security or privacy of such information in the case of an unauthorized breach of those safeguards by a third party.

4.2 You acknowledge that by submitting any type of communications to SDD.com or SM.com, no fiduciary, confidential, contractually implied or other relationship is created between you and SDD.com, SM.com or any of their subsidiaries or Affiliates other than those expressly set forth in this Agreement and in the Privacy Policy.

4.3 Limited License. You grant SM.com a limited, worldwide, royalty-free, non-exclusive, non-transferrable license to use any content you upload through the SDD.com website, and only in connection with SM.com providing you Services and with regard to any legal requirements or legal issues which may arise regarding your use of the SDD.com website. This license shall continue after you discontinue your membership with SDD.com. If you want to terminate this license at any time, please email support@SeekingSugarDaddies.com. However, SM.com reserves the right to terminate your membership if you terminate this limited license. Please note that, even after termination of any license granted hereunder, some content may continue to exist because of cached internet pages beyond the control of SM.com.

4.4 By becoming a SDD.com Member, you agree that SM.com, in its sole and absolute discretion and in compliance with all applicable laws including but not limited to the Communications Decency Act, 47 U.S.C. § 230(c), has and reserves the right to and may remove from the SDD.com website any content that does not comply with the terms of use of this Agreement, or which SM.com considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or otherwise unfit for use on the SDD.com website, regardless of whether such material is constitutionally protected.

5. MEMBER INFORMATION & EMAIL

5.1 SM.com considers non-public Member account information, including but not limited to information you provide during the registration process and e-mail communications transmitted by you through the Service, to be your private information. SM.com will not disclose such information to any third parties without your consent. However, you acknowledge and agree that SM.com may disclose your profile information if SM.com determines that disclosure is reasonably necessary:

to comply with the law;
to enforce this Agreement;
to respond to claims that such content violates the rights of third-parties; and
to protect the rights or interests of SM.com and SDD.com Members.

5.2 You also understand and agree that SM.com may access the content of your account and your Private Information to identify and resolve technical problems or service complaints by you or other Members, but without disclosing your Personal Information (as defined in the Privacy Policy) to other Members.

6. MODIFICATIONS TO SERVICE

6.1 SM.com reserves the right to discontinue, temporarily or permanently, the Service with or without notice to you. In the event that SM.com discontinues providing the Service to you for reasons other than your breach of this Agreement, SM.com will refund any unused membership fees.

6.2 You agree that SM.com shall not be liable to you or to any third party for any discontinuation of the Service other than as stated in section 6.1 above, and that SM.com will not be liable to you or to any third party for any sum more than the membership fee for which you paid. If any third party makes a claim against SM.com based upon services provided to you, you agree to hold SM.com harmless and to indemnify SM.com for any and all losses, expenses or liability except for losses, expenses or liability which were solely caused by SM.com's willful misconduct.

7. MEMBER CONDUCT

7.1 You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other SDD.com Members and that you and they will comply with the terms and conditions of this Agreement and the Privacy Policy.

7.2 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the SM.com Network or Service. You also agree not to interfere with the use and enjoyment of the Service by other Members.

7.3 You agree not to transmit on the Service any obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable offensive, vulgar, racist, harmful, illegal, or otherwise objectionable, offensive, vulgar, racist, harmful, or unfit for use on the SDD.com website, regardless of whether such material is constitutionally protected.

7.4 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.

7.5 You agree not to transmit "junk mail," "spam," "chain letters," or unsolicited mass distribution of email, or to use the Service for any commercial purpose.

7.6 You agree not to engage in advertising or solicitation of other SDD.com Members, including but not limited to advertising to buy or sell any products or services, solicitations of any kind, or use of the SDD.com website for any commercial purpose. You agree not to send any chain letters, junk email, or product solicitations through the Service. Use of the Service for advertising is strictly forbidden unless expressly approved by SM.com.

8. USE OF SITE

8.1 You agree not to interfere or attempt to interfere with the operation of the SDD.com website, the Service and/or software used to operate the SDD.com website and the Service (the "Software") in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means prohibited by any provisions of these terms and conditions.

8.2 You and/or any Member may not at any time attempt to use or act upon any software, robot, bot, spider and/or any other means of entering the SDD.com website and/or the Service. You may not post any type of service or URL for any reason.

8.3 You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, anatomical or sexual references or sexually suggestive language. You also agree not to post any photos containing nudity or otherwise vulgar or offensive material in any areas on the SDD.com website or the Service, which are accessible to the public or to SDD.com's Members.

8.4 SM.com reserves the right, but has no obligation, to reject or remove any content, profile or photo that does not comply with the letter or spirit of this Agreement.

8.5 Your membership in the Service is solely for your personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your membership or account to any other person or entity. You are responsible for protecting the privacy of your username and password and logging out of the SDD.com website if your computer is accessible to others to prevent unauthorized access to the SDD.com website and to your profile.

9. NO RESALE OR TRANSFER OF THE SERVICE

9.1 You agree not to sell, convey or transfer any rights, use of, or access to the Service.

10. PAYMENT TERMS

10.1 For purposes of your use of the Service, you agree to provide SM.com with true, accurate and complete information as required by the subscription process ("Subscription Data"), including your legal name, address, phone number, email address and other billing information (e.g., credit card number and expiration date), and to allow SM.com to share your Subscription Data with third parties for the sole purpose of verifying the information you provide and billing your credit card or otherwise charging your account.

10.2 Payment for the Service may be made by credit card, PayPal, or other means authorized by SM.com.

10.3 SM.com's monthly service charges are subject to change with notice posted on the SDD.com website which you must accept or reject by checking the applicable box, which will be available after the changes are announced on the SDD.com website. You agree that you are solely responsible for checking the SDD.com website from time to time to determine if the monthly service charges have changed. If you reject or do not accept those changes before the increased charges are due, SDD.com will terminate your membership.

10.4 You agree promptly to inform SM.com of any and all apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your username or password. Until a Member notifies SM.com by e-mail of a breach in security, the Member will remain liable for any unauthorized use of the Service.

10.5 If you initiate a chargeback or otherwise reverse a membership payment, SM.com may in its sole discretion terminate your membership immediately. SM.com also reserves the right to dispute any chargebacks and reversals.

11. TERMINATION/SUSPENSION

11.1 You agree that SM.com, in its sole discretion, may terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or violation of the Privacy Policy as amended from time to time, or your attempt to assign or transfer your account to a third party. You acknowledge and agree that SM.com may terminate your membership without prior notice and acknowledge and agree that SM.com may immediately delete files in your account and bar any further access to your account. Based upon the foregoing, SM.com may also impose limits on certain services and features or restrict your access to parts or the SDD.com website without notice or liability.

11.2 You acknowledge and agree that any suspected fraudulent, abusive or illegal activity (see section 7 above) may be grounds for termination of your membership and SM.com may refer such grounds to law enforcement authorities.

11.3 Should you object to any terms and conditions of this Agreement or the Privacy Policy, or become dissatisfied with the Service in any way, your recourse is to immediately discontinue and terminate your membership by sending an e-mail to support@SeekingSugarDaddies.com.

11.4 If you relocate your primary residence and can no longer access the Service, you may elect to terminate the Service by sending an email to Support@SeekingSugarDaddies.com.

11.5 Your membership under this Agreement shall be available for an unspecified term on an at-will basis. If SM.com terminates your membership, you will not be entitled to any refund of unused subscription fees, except as provided in Section 6.1 above. Even after your membership has terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

12. DEALINGS WITH ADVERTISERS, VENDORS & OTHERS

12.1 You acknowledge and agree that any and all links from SDD.com and/or links from any and all other websites owned and/or operated by SM.com do not constitute an endorsement from SM.com or any of its partners, Affiliates, and/or other sites or services of those links. SM.com provides these links solely for information, and each Member is responsible to evaluate the content and usefulness of any information from these links.

12.2 Because SM.com may have no control over other websites and information, you acknowledge and agree that SM.com is not responsible for the availability or content of such other websites or resources.

12.3 You agree not to hold SM.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, Affiliates, vendors or others available on or through the Service, or as the result of your dealings with others, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the SDD.com website.

12.4 You are solely responsible for your interaction with other Members of the SDD.com website and the SM.com Network whether online or offline. SM.com is not responsible or liable for the conduct of any user or Member, and, if you become a Member by checking the box below, you agree that any claims you may assert against SM.com will be resolved pursuant to the terms of this Agreement and that SM.com's liability for any losses or other damages you claim will be limited to refunding your membership fees and no more. SM.com reserves the right, but has no obligation to monitor or become involved in disputes between you and other users or Members. Please exercise common sense and prudent judgment in your interactions with others in all of your online and offline activities.

13. PROPRIETARY RIGHTS

13.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by SM.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by SM.com, its Affiliates or advertisers, and you may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. You agree to abide by any and all restrictions, rights, and/or copyright notices displayed on the SDD.com website.

13.2 To the fullest extent permitted by law and this Agreement, you acknowledge and agree that any material you send to SM.com or SDD.com, by email or otherwise, including any suggestions and comments that you post on SM.com, the SDD.com website, the Service and/or in any areas on the Service that are accessible to the public or SDD.com's membership, will be treated as non- confidential and non-proprietary and that SM.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions. You further agree that SM.com will not owe you a commission, fee, or any sum in return for its use of said non- confidential and non-proprietary information.

14. WARRANTIES & REPRESENTATIONS

By posting or transmitting any file, data, photograph, or other content or communication to SM.com, SDD.com, or on the Service, you represent and warrant as follows:

14.1 That the public posting and use of the file, message, data, photograph, or other content or communication by SM.com and any Members of SDD.com will not infringe or violate the rights of any other party, including but not limited to any intellectual property rights.

14.2 That, prior to transmitting to SM.com or SDD.com or posting or reproducing on the Service any file, message, data, photograph, or other content or communication in which another party has any proprietary interest, including but not limited to any intellectual property rights, you have obtained all required and necessary consent from that party or parties.

14.3 That you are using the Service in accordance with any and all applicable laws and regulations and this Agreement, including but not limited to your use in posting, transmitting or reproducing any file, message, data, photograph or other content or communication.

14.4 That you have never been convicted of a felony.

14.5 That you are not required to register as a sex offender with any government agency.

15. DISCLAIMER OF WARRANTIES

15.1 The Service and the materials available on or through the Service and the SM.com Network are provided "as is," "as available," and without warranties or conditions of any kind, either express or implied.

15.2 To the fullest extent permissible at law, SM.com disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.

15.3 SM.com does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the SDD.com website or the servers that make it available are free of viruses or other harmful components. SM.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or error free.

15.4 SM.com does not represent or warrant that your Personal Information and Financial Information will not be disclosed to third parties in the case of an unauthorized data breach. SM.com does not represent or warrant that third parties will not use your Personal Information and Financial Information in an unauthorized manner in the case of an unauthorized data breach.

15.5 SM.com does not conduct criminal background checks on its users or Members. SM.com reserves the right, but does not assume the duty, to conduct any background checks of its Members or users at any time using any available public records.

15.6 SM.com is not responsible for any of the information provided to SDD.com or SM.com during the age, education, photo, occupation, income or any other verification process. In issuing any certification as to a Member's "verified" or "certified" status, you agree and accept that SM.com has not done any due diligence on the materials or information provided, but has simply relied on the information submitted by the Member or user, which may or may not be accurate or truthful. The term "verified" or "certified" is not to be in anyway construed as a guarantee of any information provided by the Member to you or by the Member or user to SM.com.

16. LIMITATION OF LIABILITY

16.1 To the fullest extent permissible under applicable law, SM.com and its Affiliates shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages including but not limited to lost profits that result from:

THE USE OF OR THE INABILITY TO USE THE SERVICE,
ANY CHANGES TO THE SERVICE,
DISCLOSURE OF, UNAUTHORIZED ACCESS TO , OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR
ANY TRANSACTIONS YOU ENTER INTO THROUGH THE SERVICE.

16.2 You specifically agree that SM.com and its Affiliates are not responsible or liable for any information on the SDD.com website which is obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, defamatory, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, illegal or otherwise objectionable offensive, vulgar, racist, harmful, or otherwise unfit for use on the SDD.com website or conduct of any other party or any infringement of another's rights, including intellectual property rights.

16.3 In no event, except in jurisdictions where such provisions are restricted, shall SM.com and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees be liable to you or to any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the SDD.com website, the Service, any and all other sites, any and all services, advertising, banners, and/or any part of the SDD.com website and/or any service or services offered, even if SM.com has been advised of the possibility of such damages. In the event of a claim by you against SM.com or its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees, any and all damages, expenses, losses, costs or liability shall be limited to a refund of your membership fees.

16.4 You agree that SM.com and its Affiliates shall never in any way be liable to you for more than the amount you paid for your membership fees and that, for any claim for breach of this Agreement or any other claim you may have with regard to the SDD.com website or Service, your sole and only form of compensation shall be a refund of your membership fees.

16.5 In no event shall SM.com or its Affiliates 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 Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users or Members of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet offline or in person. You understand and agree that SM.com and its Affiliates make no representations, guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should never provide your personal financial information (for example, your credit card or bank account information, SSN, etc.) to any other Member.

16.6 You acknowledge and agree that no website is 100% safe from intrusion by unauthorized hackers or other persons seeking to obtain the personal and financial information of users of that website, and the SDD.com website is no different. The SDD.com website and mobile application have security measures in place to protect against the loss, misuse and alteration of the information under SM.com’s control. SM.com utilizes secure server software (SSL) to provide secure commerce transactions for our members. SM.com encrypts all of your Personal Information and Financial Information as it travels over the Internet, and SM.com stores your Financial Information on its servers in encrypted form. Although SDD.com and SM.com strive to maintain necessary safeguards to protect your Personal Information, Financial Information and other data, you acknowledge and agree that they cannot ensure the absolute security or privacy of such information in the case of a breach of those safeguards by a third party. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have laws which are as protective of your privacy as the laws in your country or jurisdiction. As a result, neither SM.com nor SDD.com can provide you with a guaranty or absolute assurance that your information will not be compromised. By accessing and providing information through the SM.com, SDD.com, and affiliated websites, you understand and agree that you have decided to accept the risks of doing so.

17. INDEMNIFICATION

17.1 You agree to indemnify and hold harmless SM.com and its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees, from any loss, liability, claim, demand, or damage, asserted by any third party due to or arising from the content you transmit to or through the Service, as well as your conduct on or arising from your use of the Service, including but not limited to your use of the Service in violation of this Agreement.

18. NOTICES

You agree that any notice to SM.com shall be made via email to support@SeekingSugarDaddies.com. If the notice concerns your withdrawal from the Service or cancelation or termination of your membership, it will be effective within a reasonable time after SM.com receives it and consistent with the terms of this Agreement and applicable laws. Your termination notice will not affect the legal validity or enforceability of this Agreement or the Privacy Policy.

19. GENERAL

19.1 Regardless of where you live or from which physical location you access the SDD.com website, the substantive and choice of law provisions of the State of California shall apply to this Agreement, the Privacy Policy, and your access to and use of the SDD.com website or mobile application, and any action related thereto, without regard to California’s conflict of law provisions, but California law shall not apply to the arbitration provisions in Section 23 of this Agreement, which are governed solely by the Federal Arbitration Act.

19.2 SM.com's failure to exercise or enforce any right or provision of this Agreement or the Privacy Policy shall not constitute a waiver of such right or provision.

19.3 The section titles in the Agreement and the Privacy Policy are for convenience only and have no legal or contractual effect.

20. PROFILE DISCLAIMER

20.1 SDD.com and SM.com post all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. If at any time you suspect anyone of wrongdoing or if at any time you feel the need to contact SM.com about a violation of this Agreement or the Privacy Policy and/or any other SM.com or SDD.com policies, please contact SM.com at support@SeekingSugarDaddies.com.

21. U.S. EXPORT CONTROLS

Any and/or all software from SM.com and each of its parents, subsidiaries, Affiliates, owners, officers, directors, agents, principals, and employees is subject to United States export control laws and regulations. Under no circumstances may any software from this SDD.com website be downloaded or otherwise exported or re-exported:

a. into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other country to which the U.S. has embargoed goods ("Embargoed Country"); or

b. to anyone on the U.S. Treasury Department's Table of Denial Orders. By using this SDD.com website and any software and/or by downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Embargoed Country.

22. OTHER DISCLAIMERS

22.1 SM.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, Members and/or users and/or standard Member communications. This includes personal injury or damage to users, Members, standard Member, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with SM.com and each of its services, its parents, subsidiaries, Affiliates, officers and employees.

22.2 SM.com cannot guarantee and does not promise any specific results from use of the Service and/or the SDD.com website.

23. DISPUTE RESOLUTION/WAIVER OF REPRESENTATIVE ACTION

23.1 By checking the box below and entering into this Agreement, you agree that, if any dispute arises out of or in any way related to this Agreement and/or your use of the SDD.com website and/or the SM.com Network, any and all such disputes shall be resolved by submission to binding arbitration in San Francisco, California before a retired judge or justice with JAMS pursuant to JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of any such dispute. You and SM.com agree that the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. If the parties are unable to agree on a JAMS retired judge or justice within fifteen (15) calendar days of a demand for arbitration filed with JAMS by either of us, JAMS will follow the procedure in its Comprehensive Arbitration Rules and Procedures to name a retired judge or justice who will act as the sole arbitrator. Any decision of the arbitrator may be confirmed by a court of competent jurisdiction and the ensuing judgment may thereafter be enforced in the same manner as a judgment in a civil action. The ensuing judgment may also be appealed pursuant to applicable federal law. You acknowledge and agree that this Agreement involves interstate commerce and that this arbitration provision is governed by the Federal Arbitration Act.

23.2 Except as otherwise required under applicable law, (1) you and SM.com expressly intend and agree that neither will assert any class actions or representative actions, nor will such actions or procedures apply in any arbitration pursuant to this Agreement; (2) you and SM.com agree that neither will assert class action or representative action claims against the other in arbitration or in any other proceeding or action; and (3) each of you and SM.com shall only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.

23.3 You are entitled to seek the advice of your own legal counsel before entering into this Agreement as well as at any time after you enter into this Agreement. If you enter into this Agreement by checking the box below, SM.com will assume that you have either consulted with your own legal counsel or decided that you do not need to do so before entering into this Agreement.

24. MODIFICATIONS TO SERVICE AGREEMENT OR PRIVACY POLICY

24.1 IN ITS SOLE DISCRETION, SM.COM RESERVES THE RIGHT TO MODIFY, CHANGE, ADD OR REMOVE ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE PRIVACY POLICY, IN WHOLE OR IN PART, AT ANY TIME. SM.COM WILL PROVIDE YOU WITH WRITTEN NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT AND THE PRIVACY POLICY AND WILL GIVE YOU THE OPPORTUNITY TO ACCEPT OR NOT ACCEPT SUCH CHANGES. IF YOU DO NOT ACCEPT SUCH CHANGES, YOU WILL NOT THEREAFTER BE PERMITTED ACCESS TO THE SDD.com WEBSITE AND YOUR MEMBERSHIP WILL BE TERMINATED.

25. AUTOMATIC RENEWAL OF YOUR MEMBERSHIP

25.1 IN ORDER TO PROVIDE CONTINUOUS SERVICE, SM.COM AUTOMATICALLY RENEWS YOUR 1-MONTH MEMBERSHIP PACKAGE ON THE DATE SUCH SUBSCRIPTION EXPIRES. 3-MONTH AND 6-MONTH MEMBERSHIP PACKAGES ARE NOT AUTOMATICALLY RENEWED.

25.2 BY CHECKING THE BOX BELOW AND ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR 1-MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT, AND YOUR ACCOUNT WILL BE SUBJECT TO THIS AGREEMENT. BECAUSE YOU DECIDE ON A MONTHLY BASIS WHETHER TO CANCEL YOUR MEMBERSHIP OR AUTOMATICALLY RENEW IT, YOU ARE ONLY OBLIGATED TO MAKE PAYMENTS ON A MONTHLY BASIS.

25.3 THE MONTHLY CHARGES TO YOUR ACCOUNT AS PART OF THE AUTOMATIC RENEWAL PROCESS WILL BE THE SAME AS THE INITIAL MONTHLY CHARGE TO YOUR ACCOUNT. HOWEVER, THE AMOUNT OF THE MONTHLY CHARGE MAY CHANGE. YOU WILL BE MADE AWARE OF THAT CHANGE BY A NOTICE POSTED ON THE SDD.COM WEBSITE WHICH WILL REQUIRE YOUR AGREEMENT TO THAT CHANGE BY CHECKING A BOX ON THE NOTICE TO CONTINUE YOUR MEMBERSHIP. IF YOU DO NOT AGREE TO THAT CHANGE. YOU MAY TERMINATE YOUR MEMBERSHIP BY SENDING AN EMAIL TO SUPPORT@SeekingSugarDaddies.com. IF YOU DO NOT CHECK A BOX ON THE NOTICE ACCEPTING THAT CHANGE, SM.COM WILL TERMINATE YOUR MEMBERSHIP.

25.4 AT ANY TIME DURING YOUR MEMBERSHIP WITH SM.COM, IF YOU DO NOT WISH TO HAVE YOUR MEMBERSHIP AUTOMATICALLY RENEWED, PLEASE SEND AN E-MAIL TO SUPPORT@SeekingSugarDaddies.com SO ADVISING, AND SM.COM WILL CANCEL THE AUTOMATIC RENEWAL FEATURE AND TERMINATE YOUR MEMBERSHIP. IN THE EVENT THAT RENEWAL OF YOUR MEMBERSHIP IS CONTROLLED BY A THIRD PARTY, SUCH AS AN APP STORE, SM.COM WILL PROVIDE YOU WITH DIRECTIONS ON HOW TO CANCEL THE AUTOMATIC RENEWAL FEATURE. PLEASE BE ADVISED THAT CANCELLATION UNDER THOSE CIRCUMSTANCES IS A MATTER OF YOUR AGREEMENT WITH THAT THIRD PARTY, OVER WHICH SM.COM HAS NO CONTROL.

25.5 IF BY REASON OF DEATH OR DISABILITY YOU ARE UNABLE TO RECEIVE THE SERVICE PURSUANT TO THIS AGREEMENT, YOU OR YOUR ESTATE MAY ELECT TO BE RELIEVED OF THE OBLIGATION TO MAKE PAYMENTS FOR SERVICES OTHER THAN THOSE RECEIVED BEFORE DEATH OR THE ONSET OF DISABILITY. HOWEVER, IF A PHYSICIAN DETERMINES THAT THE DURATION OF YOUR DISABILITY WILL BE LESS THAN SIX MONTHS, SM.COM MAY EXTEND THE TERM OF THIS CONTRACT FOR A PERIOD OF SIX MONTHS AT NO ADDITIONAL CHARGE TO YOU IN LIEU OF CANCELLATION.

26. MEMBER'S RIGHT TO CANCEL CONTRACT

26.1 YOU MAY CANCEL THIS AGREEMENT WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SIGNED THIS AGREEMENT ELECTRONICALLY, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT DURING THAT THREE-DAY PERIOD, EMAIL A SIGNED AND DATED NOTICE WHICH STATES THAT YOU ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THIS NOTICE SHALL BE SENT TO: SUCCESSFULMATCH.COM AT SUPPORT@SeekingSugarDaddies.com