TERMS AND CONDITIONS
LAST UPDATED ON August 9, 2016
Please read the following User Agreement.
Terms and Conditions of Use of this Online Customer Support Service
When you submit any information through this website (the “Support Site”), you agree to all of the terms and conditions of this User Agreement (the “Agreement”). This Agreement constitutes the agreement between Dime Systems LLC (“us”, “our,” “we”) and you with respect to your use of the Support Site. Please read the following terms and conditions carefully, as they form the agreement between us, or any of our successors or assigns and you (sometimes referred to herein as “you”, “your” or the “User”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE ONLINE CUSTOMER SUPPORT SERVICE, AND SHOULD NOT PROCEED TO REGISTER. BY USING THE ONLINE CUSTOMER SUPPORT SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AND ALL AMENDMENTS THAT WE MAY MAKE TO IT FROM TIME TO TIME.
How Your Information Will be Used
The Support Site offers a platform to facilitate resolution of customer service issues. When you submit any information through our Support Site, you understand that this information will be shared with our customer support team as well as one or more of our third-party payment processors. The use of your information by the third-party payment processors will be subject to such processors’ Terms of Use and Privacy Policy. By submitting information through this Support Site, you acknowledge and agree that we have no obligation to keep such information confidential or private. Most requests submitted through the Support Site will be responded to within forty-eight hours. By submitting information through our Support Site, you are representing and warranting to us that you are the sole owner of the information you are providing and that the relevant account belongs to you. If either of the preceding elements is not true, you must not submit your information through the Support Site without specifically describing which element is not true and why it is not true.
For sensitive matters or other high priority matters, please immediately call our customer service center [at 1-844-727-1501] to ensure you receive immediate attention.
The terms of this Agreement shall not in any way effect the agreement in place in connection with your membership to the dating platform you are contacting us about.
NO WARRANTIES, LIMITATION OF LIABILITY
THE SUPPORT SITE IS PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SUPPORT SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE ONLINE CUSTOMER SUPPORT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SUPPORT SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SUPPORT SITE OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE, OR THE SUPPORT SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SUPPORT SITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES.
Arbitration
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration by the London Centre for International Arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Any arbitration hereunder shall take place in London, England exclusively.
You and Dime Systems LLC hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon Dime Systems LLC with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and Dime Systems LLC each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
Jurisdiction for Disputes
This Agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in any representative capacity. You and we further agree that no arbitration or proceeding will be combined with another without the prior written consent of all parties to the affected proceedings.
