Last Updated: October 13, 2015
TeleMainia, LLC dba ChatMember welcomes you to www.chatmember.com an adult entertainment service. It is important to us that you have the best possible experience while using the Website and phone chat services, and that, when you use this Website or the phone chat services, you understand your legal rights and duties. This terms-of-service agreement between you and us explains your legal rights and duties and governs your use of the Website and the services we offer to you. These terms apply (1) to the entire contents of this Website (including the mobile version located at www.chatmember.com/phone/index.html), (2) to the phone chat services, (3) to any associated websites that we own or operate and that we grant you access to, and (4) to any email or telephone communications between you and us.
Please read these terms carefully before using our Website or the services because they create a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) use of prerecorded messages (section 7.2); (2) disclaimer of warranties and limitation of liability (section 14); (3) limited time to bring claims (section 16); (4) exclusive forum for resolving disputes (section 19.1); (5) mandatory arbitration (section 20.4); and (6) waiver of class action rights (section 21). Accessing this Website or using the phone chat services forms your acceptance of and agreement to these terms even if you do not read them. If you do not agree to these terms, you cannot access this Website or use the phone chat services.
Warning: This Website and the services may contain sexually explicit content and are not intended for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website or use the services. Persons who do not meet these age requirements may not access this Website or use the services. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products given for informational purposes only and not endorsed by us:
We drafted these terms in a relaxed question and answer format for the most part. We did this for your convenience, not ours. By drafting these terms in question and answer format, we do not imply or suggest that they do not form a binding agreement between you and us. These terms are just as binding as if we drafted them in a stuffy legal format.
Summary of Terms
You should read these terms in full because they apply every time you visit the Website or use the services. But just in case you ever need a reminder of the salient points, here is a brief summary:
Use of the Website and services and rules relating to conduct
Who can use ChatMember?
ChatMember is a meeting place for adults’ that features a rich collection of resources, including various communication tools, chat services, third-party content, online forums, personalized content, and branded programming (not all of these features may be available). You may only use ChatMember if you are 18-years old or older (or the age of majority where you live if that happens to be greater than 18-years old).
You state that you have the right, authority, and capacity to enter into these terms and that by using ChatMember you will not be violating any law or regulation of the jurisdiction where you live. You are solely responsible for your compliance with all applicable local laws and regulations.
You further state that you have not been convicted of and are not subject to any court order relating to assault, violence, sexual misconduct, or harassment.
Do I have to pay to use ChatMember?
Our Phone chat service is always free for females, but males must pay for the phone chat service. Phone-chat service pricing is determined by the package of minutes you select. We list our current phone chat packages online at http://www.ChatMember.com/minutes_package. You can also hear them when you call the phone chat line. Our customer service representatives can also give more information about the fees and charges. We may change the fees and charges in effect for using the services, or add new fees or charges by posting them to: http://www.ChatMember.com/minutes_package.
Do you offer a free trial?
Yes, we offer a free trial to all first time callers. All first time calls receive a block of minutes (e.g., ten minutes) that allows them to send messages to women and to respond to messages from women. Free trial users do not have access to live one-on-one chat. If you want to use the live chat feature, you must buy minutes.
What kind of things can (or can’t) I do on ChatMember?
We grant you a limited, nonexclusive, nontransferable license to access the services according to these terms. By “access,” we mean visit the services, use the services, and view or listen to its content. By “content,” we mean any materials, including text, communications, images, sounds, streams, greetings, software, data, or other information. You must comply—and you agree to comply—with all applicable laws when accessing the service. You may only access the service for your personal, noncommercial use. You may not use any content that you access on the service for further distribution, performance, display, sale, or rental. We may change, limit, or cancel your access if you fail to comply with these terms.
You can use the service to make new friends and explore your sexual fantasies with other likeminded persons. There are some rules about what is acceptable though, so when you are using ChatMember you will not do or say anything that:
Please use your common sense when using the service because you are solely responsible for, and bear all liability for, your conduct. We may investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the service and terminating or suspending the membership of any violators.
Are there any rules for personal information like my email address?
You may not display any personal contact or banking information in your greeting whether about you or any other person (for example, names, home addresses, zip codes, telephone numbers, email addresses, URLs, credit/debit card, or other banking details). If you choose to reveal any personal information about yourself to other users, whether through email or otherwise, you do so at your own risk. You understand that any person using the service may have access to what you record. You understand that we are not responsible for, and cannot control, the use by others of any information you provide to others through the services. We encourage you to use the same caution in disclosing details about yourself on the phone as you would under any other circumstances.
What about other people’s personal information, can I use it?
The Website and the services are for personal use only. You will not use the Website or the services for any commercial endeavors, like (1) advertising or soliciting any user to buy or sell any products or services that we do not offer or (2) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may only use other ChatMember user’s personal information to the extent that your use of it matches ChatMember purpose of allowing people to talk to one another. You will not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. Organizations, companies, or businesses will not use the Website or the services for any purpose.
We may terminate your account if you misuse other users’ information. In addition, we may investigate and take any available legal action in response to illegal or unauthorized uses of the Website or the services, including collecting usernames or email addresses of members by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website. If you suspect someone is engaging in these types of activities, please tell us immediately by contacting us at support@ChatMember.com.
Some of my friends want to see or hear all the people I am chatting with. Can I tell them my username and password and let them log in as me?
The short answer is no. Only you may access your account with ChatMember. You must not share your username and password with anyone or let anyone else access your account because this jeopardizes the security of all of the content and personal information that you have put on ChatMember. You are responsible for keeping your username and password secret and secure. If you do not, ChatMember is not liable for any unauthorized access to your account, and you are solely responsible for all activities that happen under your username and password. If you suspect that someone has gained access to your account, you must let us know immediately by contacting us at firstname.lastname@example.org or by calling Customer Service at 1-877-771-4255 and telling us of your suspicions or concerns. You must also immediately change your password. We may terminate your account if you violate our rules on keeping your password secure.
Who can see or hear the content that I put on ChatMember?
When you put content on ChatMember, the public can access and view that content. If you do not want others to view your content, then you should not put it on ChatMember. We may remove, edit, limit, or block access to any content that you put on ChatMember without liability to you. We have no duty to display any content that you send to ChatMember, to check the accuracy or truthfulness of any content sent to ChatMember, or to monitor your use or the use of other users of ChatMember. You understand that while we prohibit audio and video recordings of other users under these terms, some users may violate these restrictions and make recordings of you or any information that you may provide, and you release ChatMember from all liability for the use of any recordings by other persons.
Interaction with other users and the service
Do you restrict the number of messages I can send in a 24-hour period?
At this time, we do not impose any restrictions on the number of messages you can send in a 24-hour period. But we may in the future restrict the number of messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
Do you conduct criminal background checks on users?
We do not conduct criminal background checks on users. You are solely responsible for your interactions with other users of the service. You understand that we do not in any way: (1) monitor the activity of our users; (2) screen or interview our users; (3) investigate the background of our users (including conducting criminal background checks); or (4) try to verify the accuracy or statements made by users. We make no statements about the conduct of users or those acting on their behalf. You will take reasonable precautions in all communications, meetings, or interactions with other users of the service, particularly if you decide to meet in person. You should not divulge personal or financial information to strangers. Remember, because of the anonymous nature of the Internet and telephone communications, users may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. To learn more about safety, you may want to visit Get Safe Online.
Does ChatMember monitor the service?
We do not prescreen or preemptively monitor the content on the service. We do not and cannot monitor everything that takes place on the services and we rely on you to bring any transgressions to our attention. We assume no responsibility for monitoring the service for inappropriate content or conduct. But we may monitor phone chat communications, greetings, and messages on one or more occasions to make sure that they conform to these terms. In addition, you understand that we may record any content in a user’s greeting or message associated with a user’s use of the services. If we choose to monitor the service, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the users submitting that content. We may delete any submissions that we believe violates these terms or may be otherwise offensive or illegal. We may also delete any submissions that harm or threaten the safety of any person or that otherwise violates another person’s rights. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content or engaging in conduct in violation of these terms.
Can I hold you responsible for the conduct of another user?
We are not responsible for the conduct of any user. We have no liability—directly or indirectly—to you for any losses or damages arising out of the conduct of you or anyone else in using the service. We also have no liability to you for any losses or damages resulting from communications or meetings with other users or persons you meet through the service. You understand that we make no guarantees—either express or implied—about your ultimate compatibility with persons, you meet through the service.
What if I have a dispute with another user?
Unfortunately, we cannot get involved with or mediate disputes between users for legal reasons (feel free to blame our lawyers). If you have a dispute with one or more users or those who have posted, viewed, or used information on the service, you release ChatMember from all claims, demands, and damages—actual and consequential—of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of disputes of this nature.
What type of activities does ChatMember prohibit so I do not accidentally cross the line?
We may investigate or terminate your membership or access if you have misused the service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that happen outside of the service but involve users you meet through the service. The following is a partial list of the type of actions that you may not engage in when using the services. You will not:
Ownership of content
Once I have put content on ChatMember, do I still own it?
Yes, if you are the rightful owner in the first place.
Please note though that by posting on or sending content to ChatMember you certify to us that you have the right to do so and that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any other person). Further, you hereby grant ChatMember a worldwide, nonexclusive, royalty-free, sublicenseable, transferable, and perpetual license to use, copy, reproduce, distribute, adapt, translate, change, prepare derivative works of, display, and perform your content (including your name, voice, and likeness, and persona) in any way we see fit, including for promoting and redistributing any part of the service—and derivative works of it—in any media formats and through any media channels. You further waive all moral rights in your content that may be available to you in your jurisdiction (including the right to be identified as the author) and you state that no moral rights have been asserted. We may assign or sublicense this license to our affiliates and successors without approval by you.
We may disclose your identity to any person claiming that any content posted or uploaded by you to the service violates their intellectual property rights, their right to privacy, or any other law.
Whom does the rest of the content on ChatMember belong to then?
Us! We own or have the license to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on the services. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the services and its content.
May I use any of the content that does not belong to me?
Other than content you put on ChatMember, you do not have any rights in the content on ChatMember and you may not use any content in any way that may infringe any person’s rights. This means that you may not copy, change, adapt, distribute, publish, or sell any part of the Website or the services to anyone else. In addition, you will not remove, obscure, or otherwise change any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
You understand that when using the service, you may be exposed to content from a variety of sources, and that ChatMember is not responsible for the accuracy, usefulness, safety, or intellectual property rights for this content. You also understand that you may be exposed to content that is inaccurate, offensive, obscene, indecent, or objectionable, and you hereby waive any rights or remedies you have or may have against ChatMember for this exposure.
Paid for services
What can I buy on ChatMember?
The only thing that costs money on ChatMember is minutes. We offer packages of minutes that you must buy to use live phone chat. Pricing is determined by the package of minutes you select. We list our current phone chat packages online at http://www.ChatMember.com/minutes_package. You can also hear them when you call the phone chat line. Our customer service representatives can also give more information about the fees and charges. We may change the fees and charges in effect for using the services, or add new fees or charges by posting them to http://www.ChatMember.com/minutes_package.
If you want access to the “SMS chat” feature (if available), you must buy one of our various SMS packages, which is not included in the phone chat package. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. You are also responsible for any fees or charges you incur to access the services, including telephone charges, long distance charges, and mobile phone charges (including messaging and data charges). We may offer free minutes or access to any person. We may cancel or alter the free trial period at any time.
Once you have paid for a package, it is nonrefundable unless expressly stated otherwise in these terms. If you start a chargeback or otherwise reverse a payment made by you using your chosen payment method, we may terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you do not have a right to a refund or to have your account reinstated.
If your financial institution returns or denies your payment transaction, you will pay us a service charge of $40 USD or the maximum allowed by law. If we do not receive payment, we may refer your payment transaction to an outside collection agency or an attorney and you will repay us for all costs, damages, and fees that we incur in resolving any debt created by this transaction.
You must give current, complete, and accurate information for your billing account. If we allow you to store your billing information with us, you will promptly update all information to keep your billing account current, complete, and accurate (like a change in billing address, card number, or expiration date), and you will promptly notify us if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (like an unauthorized disclosure or use of your name, membership ID, or password).
If you fail to give us any of this information, we will hold you responsible for the fees accrued under your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as given by your credit or debit card issuer.
Do my minutes run as soon as I call into a chat line?
Your minutes start to run once you perform any action that is a paid service (i.e., live chat, sending messages, replying to messages). For example, if you buy 30 minutes, you could theoretically stay on the chat line for hours or days listening to greetings and messages and not lose any of your minutes. But the second you try to reply to a message, begin a message, or send a live chat connection request or respond to one, your minutes begin to run for the remainder of the call, no matter what you are doing. When you call in again, the same scenario starts all over again, where your minutes only begin to run once you take any “paid action.”
How do I renew my minute package with ChatMember?
All purchases are one-time charges, meaning we will never charge you again for the same purchase. We do not use recurring charges or use other deceptive billing practices. If you run out of minutes, you are given the option to go to the order area where you can reorder the same package as before or can listen to other packages and choose a different one. Again, you are never auto-billed and you must manually click a key on your phone while placing your order.
Once you make your order selection, your order information is played back to you and you must again press a key to confirm your order. We will bill you using the billing method you selected when you made your original purchase. You authorize our payment-processing agent or us to make these charges using your selected billing method. For payment by credit or debit card, you must make sure that all your credit or debit card information is current and accurate.
What happens if I am talking with someone and my minute package runs out?
Once your minute package runs out, you hear a prompt telling you “you are out of minutes.” The prompt will go on to tell you that you can press “one” to order more time or you can press “two” to continue on in the system. If you press “two,” then you will return to the main menu area (greetings area) where you will hear greetings of women who are on the line (some of these may be greetings from women who were on the line at another time) and you will hear messages sent to you as well. But without minutes in your account, you will not be able to send messages, respond to messages, or connect in live chat.
How do I change or update my payment method?
You can change or update your payment method by calling the customer service department and asking a customer service representative to change or update your payment method.
What do I do if I disagree with charges made to my account?
If you disagree with any charges made to your account, please contact us to resolve the dispute before contacting your credit card company. You may contact us by either email (email@example.com) or telephone 1-877-771-4255. If you contact us by email, please state your reasons for your dispute and identify the disputed charge. This will allow us to accurately and promptly assess your complaint and, where justified, credit your credit card with the disputed amount in a timely manner to avoid any further inconvenience to you.
We will correct any mistakes in a bill and add or credit them against your future payments. If you become aware of any errors in billing, please notify us promptly for proper credit. We waive any error in your favor that we do not correct within three months of the bill where the error first appeared. You waive any error in our favor unless you give us notice of the error within three months after you receive the bill in which it first appears. You also release us from all liability for any error you do not report to us within three months after you receive the bill in which the error first appeared.
What is your refund policy?
All sales and transactions are final and we do not guarantee the availability of a refund, whether in minutes or money, for any reason. We do not issue refunds unless there are extenuating circumstances that we feel warrant a refund. These may be things like the service not working properly for some reason. In cases like these, we will issue refunds after investigating on a case-by-case basis. We will take into consideration things like other complaints received or other customer comments.
We do not guarantee satisfaction and we will not consider dissatisfaction with the service or simply buyer’s remorse as grounds for a refund. We do not give cash refunds; we refund the requested transaction back to you in the form of a credit to the credit card that you used for your purchase unless we give you a credit in the form of minutes. To ask for a refund, you must contact our customer service department through our “Contact Us” page. If you contact your credit card company directly and ask them for a refund, our system will automatically assume that the charge came from a stolen credit card and will blacklist you from ever using the services again.
May I transfer any of my minutes to another ChatMember user?
Minutes have no cash value and are for entertainment purposes only. If you buy a minute package from us, you may only use these minutes for yourself and you may not transfer (free or as a sale) to or buy from other ChatMember users or other persons. ChatMember may refuse to honor any minutes where you have tried to transfer those minutes to another user or other person or have tried to buy those minutes from another user or other person. ChatMember will only provide services to you if you bought them directly from an affiliate or us. Unused minutes are forfeited if you or we terminate or suspend your account for any reason.
Entertainment & Fantasy Service
Will I really meet people using ChatMember?
ChatMember is an entertainment and fantasy service and not a dating line. We provide the service for the entertainment and fantasy of our users. We do not guarantee that you will find a date, that you will meet any of our users in person, or that any given person is available or interested in dating or communicating with you or anyone else. Nor do we guarantee that the people that you talk to on a local chat line number will necessarily live near you (we do not restrict local chat line use to users in the local chat number area code) or that you will find local callers when you call the chat line. You understand that the information, text, and pictures contained on the service or the Website do not pertain to any actual person, but are included for entertainment and fantasy purposes only.
We do not recommend or condone any form of user interaction outside of the service. We prohibit use of the service to arrange face-to-face meetings to engage in illegal activity and may subject your account to termination. If you choose to interact with any user outside of the service, you do this at your own risk and we have no liability to you for any consequences of any choice to interact outside of the service.
Does ChatMember send prerecorded messages?
Yes, we do. We send prerecorded messages to stimulate conversation with users, to encourage further and broader participation in all of our services. A certain percentage of greetings and messages you receive will be from women who are not on the chat line at the time or who directed the communication to another user. Again, we do this because this is a fantasy entertainment service and we want you to enjoy your time on the service and not feel left out.
Does ChatMember use paid actors?
Yes, we do. While we would love not to have to use paid actors, the reality is that some people need an incentive to participate on TeleMainia. Thus, some of the people that you interact with will be paid actors.
Access to the Service
Do you guarantee that ChatMember will be up and running at all times?
Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the service or it may be affected by a fault or circumstances that are outside our control, so we provide the services on an “as is” and “as available” basis. We make no warranty about the quality, accuracy, functionality, availability, or performance of the services. We may suspend, withdraw, amend, change, or vary the services provided by ChatMember. In addition, to protect the integrity of the services, we may block users from certain IP addresses and telephone numbers from accessing the Website or the services.
What about mobile access?
At this time, we do not offer mobile access other than your ability to browse the mobile version of the Website (http://www.ChatMember.com/phone/index.html). We may add mobile access, features, or services in the future. If we do, we will update this section.
By accessing ChatMember or agreeing to receive messages or notices from ChatMember through your mobile phone or any other connected media device (including a tablet), you accept that you may incur charges from your Internet or mobile service provider. We will not be liable for those charges. If you do not want to receive text messages from us, you may press “five” to decline to receive text messages when prompted by the system when you call in or reply with “Stop” after receiving any text message from us.
I am not registered and I cannot seem to access some content on the service. Why is that?
If you have not bought a minute package from us and you have used up your free trial, then you can only call the chat line and listen to female greetings and messages sent to you by females. You cannot send a message, reply to a message, or chat live with a female. If you want to do this, you must by a minute package.
Communications and Test Greetings
Termination of use by us: I cannot access the service, what is going on?
Sometimes people forget about the terms and post content or act in a way while on ChatMember that is not consistent with the purpose of the service. If we think that you may be one of those people, then we may:
We will try to notify you if we have or will suspend or terminate your access to ChatMember.
Termination of use by you: They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from ChatMember?
Since all purchases are one-time purchases, there is never a need to cancel your account; we will not charge you again unless you make another one-time purchase. Because you record a new greeting every time you use the service and that greeting is removed automatically when you hang up, there is nothing to remove. Of course, the possibility exists that our system may have recorded your greeting and if you want to make sure that we do not use your greeting in the future, you can call us at (877) 771-4255 or email us at firstname.lastname@example.org and we will try to delete it for you. Please understand that if you choose to stop using the service before your package expires, we cannot refund you for your unused minutes.
Someone is not obeying the terms, whom do I tell?
Please report any abuse or complaint about content on ChatMember to us by calling us at (877) 771-4255 or by sending us an email outlining the abuse or complaint at support@ChatMember.com. On the phone chat line, you can block a caller from contacting you again by pressing “5” after receiving a message or listening to a greeting.
Do you have guidelines in place about what you can do with my personal data?
By using the Website or the services, you acknowledge that phone and Internet transmissions are never completely private or secure. You understand that others may intercept or record any message or information you send over the service.
We may use software that automatically tracks performance and usage information to evaluate the service. This software will not personally identify you.
Are the links on the Website anything to do with ChatMember?
The Website may contain links to websites owned or operated by other entities that are independent from us. We provide these links to you for your information only. These links may contain content that some people may find inappropriate or offensive. If you access any of these links, you may leave this Website. If you decide to access any of these links, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not maintain, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links, etc.) unless the linked website expressly states that it is owned and operated by TeleMainia, LLC. We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites. We do not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us; nor do we accept responsibility for linked websites’ compliance with applicable laws or regulations. Links do not imply that ChatMember sponsors, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to TeleMainia, LLC.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through any linked website or featured in any banner or other advertising on this Website or the services. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Disclaimer of warranties and limitation of liability
I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any responsibility for your conduct or the conduct of any other user of ChatMember (including any interactions between users), whether online or offline, and expressly disclaim any liability for content uploaded by you or by any other user.
My friend is a lawyer and says that you cannot eliminate liability for everything…
Nothing in these terms limits or eliminates our liability for:
Okay, so what liability do you eliminate (or what can’t I sue you for)?
Loss Payment (aka Indemnification)
I forgot the rules about conduct on here and now someone is threatening to sue ChatMember. What now?
You must pay us for any loss of ours that is caused by (1) your use of the Website or the services, including your conduct on the chat services; (2) your violation of these terms; (3) your violation of rights of another person; or (4) your negligent or intentional misconduct. But you need not pay to the extent that the loss was caused by our intentional misconduct.
Limited Time to Bring Claims
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the use of the services within one year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one-year period, the claim is permanently barred.
Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the State of Washington. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website or use the services if prohibited in your jurisdiction or use the Website or the services in any way that violates applicable governing laws, regulations, or other government requirements. You will not say anything that encourages conduct that could amount to a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
Delaware law governs these terms without regard for any choice-of-law provisions that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”
Place for Resolving Disputes
Dispute Resolution; Exception for Small Claims
Class Action Waiver
The parties will conduct any proceedings to resolve or litigate any dispute in any forum only 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 a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to give an aggrieved party full payment if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation happens, besides seeking all other remedies available at law or in equity.
Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
3540 West Sahara Avenue #638
Las Vegas, NV 89102
Users who wish to gain access to the password-restricted section of the Website must register. We do not currently charge consumers for registering for the Website. We reserve the right to charge for registering in the future. You may contact us at support@ChatMember.com to resolve any disputes or to receive further information about the Website.
In these terms, the following usages apply: