Privacy & Terms

AVOCADO DATING TERMS OF USE

Last Updated: April 24, 2021

These Terms of Use constitute a legally binding agreement (the “Agreement”) between you (collectively, “you,” “your,” or “user(s)”) and Avocado Dating, Inc. (collectively, “Avocado Dating,” “us,” “we,” “Company,” or “our”) governing your use of the services on https://avocado.dating/ (the “Website”), the Avocado Dating mobile application (the “App”), and any other services or platforms that Avocado Dating may offer (collectively, the “Services”). 

By entering into this Agreement, or by using or accessing the Services, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions) and accept all of its terms. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your use of the Services is also subject to our Privacy Policy, DMCA and Infringing Content Policy, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Avocado Dating, which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use the Services.

We reserve the right to modify, amend, or change this Agreement at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Agreement via email or other means, as appropriate under the circumstances. However, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of the Services constitutes your acceptance of any change, and you will be legally bound by the updated Agreement. If you do not accept a change to the terms, you should stop using the Services immediately.

1.  RULES AND RESTRICTIONS

a.  Account Eligibility. 

i.    Before you can use the App, you will need to register for an account (“Account”). Users can create an Account by logging in through certain social media networks or pre-existing accounts on external platforms or websites, as identified on the App (“External Accounts”). We may also allow users to register for an Account manually. We reserve the right to bar anyone from registering for the App.

ii.    By using the Services or registering for an Account, you represent and warrant that:

• You are at least 18 years old;
• You are legally qualified to enter a binding contract with Avocado Dating;
• You are seeking a meaningful relationship;
• You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;
• You are not on any list of individuals prohibited from conducting business with the United States;
• You are not prohibited by law from using the Services;
• You have not have 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;
• You are not required to register as a sex offender with any state, federal, or local sex offender registry;
• You do not have more than one Account; and
• You have not previously been removed from the Services by Avocado Dating, unless you have our express written permission to create a new Account.

iii.    We may use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breach of this Agreement. We reserve the right, at our sole discretion, to terminate or suspend any Account, restrict access to the Services, or make use of any operational, technological, legal, or other means available to enforce this Agreement (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. 

iv.    Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend any Account without notice for (1) violating these terms, (2) due to your conduct on the Website or App, or your conduct with other users of the Website or App (including “offline” conduct), if we determine that your conduct was inappropriate or improper, (3) if we, or our affiliates, determine that your conduct on other platforms or services operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid services or features for which you have already been charged.

b.  User Responsibilities.

i.    While using the Services, you agree that you will:

• Comply with this Agreement and check this page occasionally to ensure you are aware of any changes to our policies;
• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
• Use the latest version of the Website and App;
• Treat other users in a courteous and respectful manner, both on and off the Services, and abide by our membership principles;
• Be respectful when communicating with any of our customer service representatives or other employees;
• Review our safety guidelines; 
• Maintain a strong password and take reasonable measures to protect the security of your login credentials;
• Present yourself respectfully and authentically by using your real name and email address on your Account and adding at least one photo that shows your face.

ii.    Avocado Dating does not control the conduct of individual users. Each user is solely responsible for their interactions with other users of the Services. Sex offender screenings and other tools do not guarantee your safety and are not a substitute for following our safety guidelines, using your best judgment, and taking other sensible safety precautions when communicating with or meeting new people. Communications received through the Services, including automatic notifications sent by Avocado Dating, may result from users engaging with the Services for improper purposes, including fraud, abuse, harassment, or other such improper behavior.

iii.    You understand that we do not currently conduct criminal background checks on users. We also do not inquire into the backgrounds of users or attempt to verify the statements of users. We make no representations or warranties as to the conduct of any users or their compatibility with any current or future users. We reserve the right to conduct any criminal background check or other screenings (such as sex offender registration searches) at any time and to use available public records for any purpose.

c.  Prohibited Conduct.

While using the Services, you agree that you will not:

• Misrepresent your identity, age, current or previous employment positions, professional qualifications, or affiliations with a person or entity;
• Use the Services in such a way that damages the Services or prevents their use by other users;
• Use the Services in such a way that interferes with, disrupts, or negatively affects any platforms, servers, or networks related to the Services;
• Use the Services for any harmful, illegal, or nefarious purpose;
• Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person;
• Post or share Prohibited Content (as defined below);
• Solicit passwords for any reason or purpose, solicit personal identifying information from other users for commercial or unlawful purposes, or disseminate another person’s personal information without his or her permission;
• Use any Account belonging to another user;
• Use the Services in connection with any fraudulent conduct, pyramid scheme, or other similar practices; 
• Violate the terms of the license granted to you by Avocado Dating (as outlined in Section 3 of this Agreement);
• Disclose private or proprietary information that you are not authorized to disclose;
• Copy, modify, transmit, distribute, or create any derivative works from any of the following, without Avocado Dating’s prior written consent or except as otherwise permitted by the functions or features of the Services: 
  • User Content
  • Avocado Content
  • Any other copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services 
• Express or imply that any statements you make are endorsed by Avocado Dating;
• Use any robot, crawler, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or their contents;
• Upload viruses or other malicious code or otherwise compromise the security of the Services;
• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Services;
• “Frame” or “mirror” any part of the Services without our prior written authorization;
• Use meta tags or code or other devices containing any reference to Avocado Dating or the Services (or any of our trademarks, trade names, service marks, logos, or slogans) to direct any person to any other website for any purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services, or cause others to do so;
• Use or develop any third-party applications that interact with the Services, User Content, or any user’s information without our written consent;
• Use, access, or publish the App’s programming interface without our written consent;
• Probe, scan, or test the vulnerability of the Services or any system or network; or
• Encourage, promote, or agree to engage in any activity that violates the terms of this Agreement.

d.  Reporting Misconduct.

You can report any abuse or complain about any user’s conduct or content by contacting us with a description of the abuse or an outline of your complaint. You can also report a user directly from a profile or in chat. We reserve the right to investigate any possible violations of this Agreement, and we may, in our sole discretion, immediately terminate any user’s right to use or access the Services, without prior notice, as set out further in this Agreement.

2.  CONTENT

While using the Services, you may have access to: (a) content that you upload or provide while using the Services (“Your Content”), (b) content that other users upload or provide while using the Services (“User Content”), and (c) content that Avocado Dating provides on and through the Services (“Avocado Content”). As used in this Agreement, “content” includes, without limitation, all text, images, video, audio, or other material on the Services, including information on users’ profiles and in direct messages between users.

a.  Your Content.

i.    Your Content must comply with Avocado Dating’s content guidelines. By using the Services, you acknowledge that you are solely responsible and liable for Your Content and you agree to indemnify, defend, release, and hold Avocado Dating harmless from any claims made in connection with Your Content.

ii.    When you create an Account, we will collect the information you have made publicly available through your External Accounts, or that you have otherwise authorized your External Accounts to share with third-party applications like ours, such as your profile picture, education, or employment information. You represent and warrant that the information you provide to Avocado Dating is accurate, including any information submitted through External Accounts (if applicable), and that you will update your account information as necessary to ensure its accuracy. 

iii.    The content included on your individual profile should be relevant to the intended purpose of the Services. You may not display any personal contact or banking information, whether in relation to you or any other person (i.e., names, home or work addresses, telephone numbers, email addresses, credit/debit card or other banking details, driver’s license or passport details, social security information, health insurance information). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to exercise caution in disclosing any personal information online.

iv.    By using the Services, you acknowledge that Your Content will be visible to other users and may be viewed by other users and any person visiting the Website or App, using the Services, or possessing a link to the Website or App (e.g. individuals who receive a link to a user’s profile or shared content from other users). You further acknowledge that other users may share Your Content with third parties and your use of the Services constitutes your consent to any such sharing or distribution of Your Content, subject to the terms of this Agreement.

v.    By uploading Your Content on the Website or App, you represent and warrant that you have all necessary rights and licenses to do so, and automatically grant Avocado Dating a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public such content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign or sub-license the above license to our affiliates and successors without any further approval by you. We do not have any obligation to store Your Content. Our license to Your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Services, or researching and developing new services or platforms.

vi.    You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time, at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.

vii.    You agree that Avocado Dating may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: 

• comply with legal process;
• enforce the terms of this Agreement;
• respond to claims that any content violates the rights of third parties;
• respond to your requests for customer service; or 
• protect the rights, property, or safety of Avocado Dating or any other person.

b.  User Content.

i.    Other users will also share content on our Services. User Content belongs to the user that posted the content and is stored on our servers and displayed through the Services at the direction of that user.

ii.    Except as contemplated in this Agreement, you do not have any rights to User Content and you may only use other users’ personal information to the extent that such use of the information is consistent with Avocado Dating’s purpose of allowing individuals to connect with one another.

iii.    You may not, under any circumstances, use other users’ information for commercial or unlawful purposes, such as to spam, harass, stalk, or make unlawful threats. Should we become aware that you have misused another user’s information, we reserve the right to terminate your Account and restrict your access to the Services. 

iv.    User Content is subject to the terms and conditions of Sections 512(c) and 512(d) of the Digital Millennium Copyright Act 1998. If you have a question or complaint about User Content, please see Section 2(e) of this Agreement and our DMCA Policy for more information.

c.  Avocado Content.

i.    All other intellectual property on the Services (collectively, “Avocado Content”) is owned, controlled, and licensed by Avocado Dating, absolutely and in its entirety. Avocado Content includes, without limitation, text, content, graphics, user interfaces, sounds, artwork, software, databases, logo designs (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar protectible assets. All right, title, and interest in and to Avocado Content remains with Avocado Dating at all times, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company, or product names set forth in or appearing on the Services are the property of their respective owners. 

ii.    We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Avocado Content, subject to the following conditions and limitations:

• You may not use, sell, modify, or distribute Avocado Content, except as permitted by the functionality of the Services.
• You may not use our name, trademarks, logos, or other insignia in metatags, keywords, or hidden text.
• You may not create derivative works from, or otherwise commercially exploit, Avocado Content, in whole or in part, in any way.
• You must use Avocado Content for lawful purposes only.
• You may not sub-license your right to use or access Avocado Content.

iii.    The Services are licensed, not sold, to you for use according to the terms of this Agreement. Subject to your complete and ongoing compliance with the terms this Agreement, Avocado Dating hereby grants you a personal, limited, revocable, non-transferable license to access and use the Services solely for your own personal, non-commercial use, as further discussed in Section 3 of this Agreement.  

iv. Avocado Dating reserves all other rights not expressly granted in this Agreement. 

d.  Prohibited Content.

i.    You may not upload or share Prohibited Content. “Prohibited Content” includes, without limitation, content that:

• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (e.g., language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical appearance);
• is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity;
• is abusive, insulting or threatening, discriminatory, or otherwise promotes or encourages racism, sexism, hatred, or bigotry;
• encourages or facilitates any illegal activity (e.g., terrorism, inciting racial hatred, or any action that, in itself, constitutes committing a criminal offense);
• is defamatory, libelous, false, or otherwise harmful to another person’s reputation;
• relates to commercial activities, purposes, or arrangements (e.g., sales, competitions, advertising or promotion, solicitation for services, “sugar daddy” or “sugar baby” arrangements, links to other websites, or premium-rate telephone numbers);
• involves transmitting “junk” mail or “spam”;
• contains spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, limit the functionality of, or otherwise disrupt software, hardware, telecommunications, networks, servers, or other equipment, Trojan horses or other material designed to damage, interfere with, wrongly intercept, or expropriate data or personal information, whether from Avocado Dating or otherwise;
• infringes the rights of any third party (e.g., intellectual property rights or privacy rights);
• was automatically-generated or otherwise not created by you, unless expressly authorized by Avocado Dating;
• includes the image or likeness of another person without that person’s consent (or, in the case of a minor, the minor’s parent or guardian);
• includes the image or likeness of a minor unaccompanied by the minor’s parent or guardian, or is otherwise harmful to minors;
• impersonates any other person, including falsely stating your name;
• is inconsistent with the intended purpose and uses of the Services;
• may harm or damage the reputation of Avocado Dating or its affiliates or partners.

ii.    Avocado Dating has a zero-tolerance policy with respect to Prohibited Content. Uploading or sharing Prohibited Content may result in the immediate suspension or termination of your Account or your access to the Services. 

e.  Infringing Content. 

i.    If you believe, in good faith, that any content or materials on the Services infringe upon your intellectual property rights, please view our DMCA and Infringing Content Policy for information regarding how to make a complaint.

ii.    So that we are able to prevent unauthorized use of Your Content outside of the Services, you authorize Avocado Dating to act on your behalf with respect to infringing uses of Your Content, particularly to the extent that the content has been taken from the Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices on your behalf, pursuant to 17 USC § 512(c)(3), if Your Content is taken and used by third parties outside of the Services (i.e., DMCA Takedown Notices). Avocado Dating is not obligated to take any action with regard to use of Your Content by other users or third parties. Our license to Your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection, to the extent the content contains personal information as defined by such laws).

3.  SOFTWARE LICENSE GRANT

a.  Subject to your complete and ongoing compliance with this Agreement, Avocado Dating grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a mobile device that you own or control and to run such copy of the App solely to access the Services for your own personal, non-commercial purposes. This license does not allow you to use the App on any device that you do not own or control. The terms of the license will govern any upgrades provided by Avocado Dating that replace or supplement the App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

b.  Certain software code incorporated into or distributed with the App or Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the Sun Public License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in this Agreement, the Open Source Software is not licensed under this Agreement and instead is separately licensed pursuant to the terms and conditions of the respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

c.  We reserve the right to stop offering or supporting the App (or any particular portion or part thereof) or access to the Services at any time, at which point your license to use the App or access the Services, or any part thereof, will be automatically terminated. In such event, we will not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued access to the App or Services.

d.  In consideration for Avocado Dating’s permission to use or access the Services, you agree that we, as well as any of our affiliates or third-party partners, may place advertising on the Services.

4.  USE ON MOBILE DEVICES 

a.  By accessing or using the App or Services through a mobile device, you acknowledge that such use of the App or Services is subject to the terms and conditions of using the mobile device and any underlying software, as set by the provider of the device or software (i.e., Apple/iOS App Store or Google Play). It is your sole responsibility to review the terms and conditions that apply to any relevant mobile devices before using the App or Services thereon.

b.  You understand that the App is evolving and, as a result, you may be required to accept updates to the App or other software that you have installed on your mobile device. You acknowledge and agree that Avocado Dating may update the App with or without notifying you. You may need to update third-party software from time to time in order to access or use the App.

c.  We may ask for your permission to collect certain usage data from your device. By granting this permission, you agree that we may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services, and to anonymously track and report your activity inside of the Services, including for analytics purposes.

d.  In consideration for Avocado Dating’s permission to use or access the Services, you agree that we, as well as any of our affiliates or third-party partners, may place advertising on the Services. Additionally, by submitting suggestions or feedback to us regarding the Services, you agree that we may use and share such feedback for any purpose without compensating you.

e.  We may provide you with emails, text messages, push notifications, alerts, and other messages related to the App or Services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications or alerts. If you deny, you will not receive any push notifications or alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails or text messages, you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing your request to support@avocado.dating.

f.  The App may also allow access to, or make available opportunities for you to view, certain content and receive products, services or other materials based on your location. To make these opportunities available, the App will determine your location using one or more reference points (e.g., GPS, Bluetooth, or software within your mobile device). If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software, or otherwise do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services, and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

g.  Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property damage, or environmental damage. Neither Avocado Dating, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Services. Any of location-specific information that you upload, provide, or post on the Services, including geolocational data, may be accessible to Avocado Dating and certain users.

5.  PRIVACY

For detailed information about how Avocado Dating and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using the Services, you agree that we may use your personal data in accordance with our Privacy Policy.

6.  PURCHASES AND PAYMENT

a.  In-App Purchases.

i.    Avocado Dating may offer products and services for purchase on the App (“In-App Purchases”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

ii.    Once you have made an In-App Purchase, you authorize us to charge your chosen payment method. If we do not receive payment from your chosen payment method, you agree to promptly pay all amounts due upon demand by us.

b.  Subscriptions; Auto-Renewal.

i.    Avocado Dating may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT AVOCADO DATING’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your Account or deleting the App from your device does not cancel your subscription. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

ii.    You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If we change these prices and you do not cancel your subscription, you agree that you will be charged at our then-current pricing for subscription.

iii.    Because the Services may be utilized without a subscription, canceling your subscription does not remove your Account or profile from the Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 8.

iv.    We may suspend or terminate access to the Services, including fee-based portions of the Services, for any Account on which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

v.    All subscriptions and In-App Purchases are tied to any third-party or external-service accounts or platforms that you may have used to register for an Account on the App or make In-App Purchases (i.e., Apple App Store, Google Play Store, or Amazon Appstore), as well as any software parameters specific to the device on which you downloaded the App (i.e., Apple iOS or Android). We do not guarantee that versions of the App downloaded on different devices, or using different external services, will include the same features, privileges, or accessibility. Additionally, we cannot transfer subscriptions from an iOS device to an Android device (or vice versa) because they use different marketplace platforms (e.g., App Store for iOS devices, Google Play and Amazon for Android). Any user that wishes to maintain the same access and features across different devices, platforms, or operating systems will need to purchase a separate subscription using each type of operating system and associated marketplace platform(s). 

c.  Free Trials.

i.    If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your payment method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your payment method will be charged, until you cancel. 

ii.    To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your Account or deleting the App from your device does not cancel your free trial.

d.  Refunds.

i.    Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially-used periods, except if the laws applicable in your jurisdiction provide for refunds.

ii.    For subscribers residing in the EU or European Economic Area: In accordance with local law, you are entitled to a full refund during the fourteen (14) days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

iii.    For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate will be entitled to a refund of the portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period, you will be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

iv.    To request a refund: In addition to canceling, you must request a refund to receive one. 

• If you subscribed using your Apple ID, refunds are handled by Apple, not Avocado Dating. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

• For all other purchases: please contact customer support with your order number. (You can find the order number in the order confirmation email or, if you purchased from the Google Play Store, by logging in to Google Wallet). 

e.  Taxes.

i.    The payments addressed in this section do not include any Sales Tax (as defined herein) that may be due in connection with any Premium Services provided under this Agreement. If we determine that we have a legal obligation to collect a Sales Tax from you in connection with this Agreement, we will collect such Sales Tax in addition to the payments addressed in this section. 

ii.    If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. 

iii.    As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

f.  Virtual Items.

i.    At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from Avocado Dating, referred to here as “Virtual Items.” You can only purchase Virtual Items through Avocado Dating or our partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.

ii.    Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license to Virtual Items will terminate on the earlier of Avocado Dating ceasing provision of Services or closing or terminating your Account. We may also provide Virtual Items as bonuses to, or parts of, paid subscriptions for the Services. Your ability to use any Virtual Items to which you have access in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to any Virtual Items gained through subscriptions may also end if you cancel your subscription.

iii.    We reserve the right to charge fees for the right to access or use Virtual Items and or may distribute Virtual Items with or without charge. We may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and we will have no liability to you for doing so. You may not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Services.

iv.    ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT AVOCADO DATING IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

7. EXTERNAL SERVICES AND THIRD-PARTY CONTENT

a.  Third-Party App Stores.

i.    The following additional terms and conditions apply to you if you download the App from a third-party platform such as the Apple App Store and Google Play Store (“Third-Party Store”). To the extent that the other terms of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:

• This Agreement is concluded solely between you and the Avocado Dating, not with the providers of any Third-Party Store, and Avocado Dating (not the Third-Party Store providers) is solely responsible for the App and the content thereof. To the extent that this Agreement provides usage rules for the App that are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the App, the more restrictive or conflicting terms of the Third-Party Store will take precedence and will apply.

• The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Avocado Dating is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

• Avocado Dating, not the Third-Party Store provider, is responsible for addressing any claims that you or any third party may have relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; or (4) intellectual property infringement claims.

• The Third-Party Store provider and its subsidiaries are third-party beneficiaries of this Agreement, and, upon your acceptance of this Agreement, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

ii.    In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and this Agreement, the terms and conditions of the Third-Party Store or mobile carrier will govern and control. We are not responsible, and have no liability whatsoever, for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to conduct whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

b.  Third-Party Links and Services.

i.    If you use a service, feature, or functionality that is operated by a third party and made available through the Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Avocado Dating is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

ii.    Certain features of the Services may require access to and use of your device’s map features or functionality, such as Google Maps or other External Services. Any use of those features will be subject to the terms and conditions applicable to such External Services. By using the Services, you may also be required to agree to the end-user terms for any such third-party services. It is your sole responsibility to review the terms and conditions that apply to the third-party services before using those services in conjunction with the Services. This Agreement does not apply to any activities conducted via third-party services.

iii.    The Services may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by Avocado Dating. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services or use a third-party service, you do so at your own risk, and you understand that this Agreement and the Avocado Dating Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve Avocado Dating from any and all liability arising from your use of any third-party website, service, or content.

iv.    Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

c.  External Service Purchases.

i.    When making a purchase on the Services, you may have the option to pay through an external service, such as with your Apple ID or Google account and your external service account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your external service account. Some external services may charge you sales tax, depending on where you live, which may change from time to time.

ii.    If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your external service account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the App from your device.

iii.    If you initiate a chargeback or otherwise reverse a payment made with your external service account, we may terminate your Account immediately, at our sole discretion. We will retain all funds charged to your external service account until you cancel your subscription through your external service account. Certain users may be entitled to request a refund.

8.  ACCOUNT TERMINATION

a.    You can delete your account at any time by logging into the App and following the instructions to terminate your membership. However, you will need to cancel or manage any external service purchases through your external service account (e.g., iTunes, Google Play) to avoid additional billing.

b.    We reserve the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated this Agreement, misused the Services, or behaved in a way that we deem inappropriate or unlawful, on or off the Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce this Agreement, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

c.    If your account is terminated by you or by Avocado Dating for any reason, the terms of this Agreement continue and remain enforceable between you and Avocado Dating, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.

9.  DISCLAIMERS

a.    The following disclaimers are made on behalf of Avocado Dating, its officers, employees, directors, shareholders, affiliates, agents, and licensors (collectively, the “Covered Parties”).

b.    AVOCADO DATING PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT (i) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (ii) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (iii) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE. FURTHERMORE, WE MAKE NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME, USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OTHER USERS’ CONDUCT, OR THE ULTIMATE COMPATIBILITY WITH USERS YOU MAY MEET THROUGH THE SERVICES.

c.    AVOCADO DATING TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, OTHER USERS, OR THIRD PARTIES POST, SEND, OR RECEIVE THROUGH THE SERVICES, NOR DO WE TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM (i) ANY SECURITY BREACH, (ii) ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, (iii) COMPUTER LINE OR NETWORK FAILURE, OR (iv) ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

d.    You are responsible for the use of your Account and Avocado Dating expressly disclaims any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account, or you suspect any other breach of security, you agree to notify us immediately.

e.    You understand that Avocado Dating does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of users. We make no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of users. We reserve the right to conduct—and you authorize us to conduct—any criminal background check or other screenings (i.e., 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 we decide to conduct any screening through a consumer reporting agency, you hereby authorize us to obtain and use a consumer report about you to determine your eligibility under the terms of this Agreement.

f.    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 SAFETY GUIDELINES AND TAKING OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICES, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY AVOCADO DATING, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SERVICES OR MEET IN PERSON.

g.    USERS ARE NOT COVERED PARTIES WITHIN THE MEANING OF THESE TERMS. WE DO NOT CONTROL OR HAVE THE RIGHT TO CONTROL USERS, EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY APPLICABLE SUPPLEMENTAL TERMS, OR AS REQUIRED BY APPLICABLE STATE OR FEDERAL LAW, REGULATION, OR ORDINANCE.

10.  INDEMNITY; LIMITATION OF LIABILITY

a.  Indemnification.

i.    You agree to indemnify and hold harmless the Covered Parties against any and all claims, damages, losses, costs, liabilities, and expenses or fees (including reasonable attorneys’ fees), of any kind, relating to or arising out of: (i) your use of the Services; (ii) your violation or breach of any provision of this Agreement, any additional or supplemental rules or policies relating to the Services, or any applicable law or regulation, whether or not referenced herein; (iii) your violation of any rights of any third party; (iv) your use of, or inability to use, the Services.

ii.    Avocado Dating reserves the right, at its sole discretion and expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the us in asserting any available defenses. This provision does not require you to indemnify any of the Covered Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission.

b.  Limitation of Liability.

i.    YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE COVERED PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, HOWEVER ARISING (INCLUDING NEGLIGENCE), EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ii.    IN NO EVENT WILL AVOCADO DATING’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT, IF ANY, PAID BY YOU FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.

iii.    THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION WILL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

iv.    CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11.  DISPUTE RESOLUTION

a.  YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND AVOCADO DATING ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND AVOCADO DATING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

b.  Governing Law.

i.    This Agreement and any and all claims, disputes, or other legal proceedings by or between you or Avocado Dating, including, but not limited to, any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of the Services, Avocado Dating websites or platforms, or the App, will be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. 

ii.    The parties agree that their arrangement under this Agreement is in interstate commerce and that the Federal Arbitration Act applies to the construction of the arbitration provisions below. For any claim, dispute, or other legal proceeding not subject to the arbitration provisions below, the claim or dispute will be brought and litigated exclusively in the state courts located within Los Angeles County, California or the federal courts in the Central District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

c.  Agreement to Arbitrate.

i.    If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and Avocado Dating each agree that any and all disputes between users and Avocado Dating arising under or related in any way to this Agreement or such user’s use of the Services, Avocado Dating websites or platforms, or the App must be resolved through binding arbitration as described in this section. 

ii.    With the exception of the prohibition on class arbitrations set forth in this “Dispute Resolution” section, if an arbitrator or court decides that any part of this Agreement to Arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

d.  Exceptions to Arbitration.

i.    This Agreement to Arbitrate will not apply to the following: (1) small claims court cases that qualify; (2) legal proceedings that involve efforts to obtain user-identifying information; (3) any legal proceedings brought against Avocado Dating by companies or other legal entities or individuals acting on behalf of such companies or other legal entities; (4) any legal proceedings brought by Avocado Dating against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (5) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 

ii.    If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement, and the Dispute Resolution section, will continue to apply.

e.  Informal Dispute Resolution. 

i.    If either of you or Avocado Dating intends to seek arbitration under this Agreement, the party seeking arbitration must first notify the other party of the dispute, in writing, at least 30 days in advance of initiating arbitration. 

ii.    Notice to Avocado Dating should be sent to 1303 W Valencia Drive, Suite 231, Fullerton, CA 92833. If you have an Account, notice to you will be sent to the e-mail address associated with your Account. 

iii.    The notice of dispute (“Notice”) must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought. If you and Avocado Dating do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Avocado Dating may commence formal arbitration proceedings.

f.  Arbitration Procedure.

i.    The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), if applicable, as modified by this section. Any settlement offer made by you or Avocado Dating may not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration will be held in Los Angeles, California. 

ii.    For any claim where the total amount of the award sought is $10,000 or less, you and Avocado Dating may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Avocado Dating, subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or Avocado Dating may attend by telephone, unless the arbitrator requires otherwise. 

iii.    The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

g.  Opt-Out Procedure.

i.    IF YOU ARE A NEW AVOCADO DATING USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE AVOCADO DATING TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO AVOCADO DATING, INC, RE: OPT-OUT NOTICE, 1303 W VALENCIA DRIVE, SUITE 231, FULLERTON, CA 92833.

ii.    For your convenience, we are providing an Opt-Out Notice Form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the e-mail address(es) associated with the Avocado Dating account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. 

iii.    This procedure is the only way you can opt out of the Agreement to Arbitrate. 

iv.    If you opt out of the Agreement to Arbitrate, all other parts of this Agreement and this Dispute Resolution section will continue to apply. Opting out of the Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements between you and Avocado Dating.

h.  Modification of the Agreement to Arbitrate. 

i.    Notwithstanding any provision of this Agreement to the contrary, you and Avocado Dating agree that, if Avocado Dating makes any changes to this Dispute Resolution section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Agreement that have arisen or may arise between you and Avocado Dating. 

ii.    We will notify you of changes to this Dispute Resolution section by posting the changes on the Avocado Dating websites or platforms and the App at least thirty (30) days before the effective date of the changes and also by e-mail. If you do not agree to any modified terms, you may close your account within the thirty (3) days between the notification date and the effective date, and you will not be bound by the changes.

12.  MISCELLANEOUS

a.  Governing Law; Venue.

i.    This Agreement and any disputes arising under or related to this Agreement, the Services, our Privacy Policy, or any supplemental or additional terms relating to the Services will be governed by the laws of the State of California, without reference to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction and venue of the courts located within California for any legal proceeding arising from same, regardless of the cause of action or which party has initiated the legal proceeding.

ii.    To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Avocado Dating agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles, California if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.

b.  Severability.

If any clause or provision set forth in this Agreement is determined to be illegal, invalid, or unenforceable under present or future law, the clause or provision will be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

c.  Waiver.

No failure or delay in exercising any right, power or privilege under this Agreement will operate as a waiver of such right or acceptance of any variation of the Agreement, and nor will any single or partial exercise by either party of any right, power, or privilege preclude any further exercise of the right or the exercise of any other right, power, or privilege.

d.  Integration.

This Agreement, together with any amendments, policies, and additional agreements between you and Avocado Dating in connection with Services, will constitute the entire agreement and understanding between you and Avocado Dating concerning the Services. You acknowledge and agree that you have not relied upon any statement, promise, or representation made or given by or on behalf of Avocado Dating that is not set out in this Agreement or any document expressly referenced herein.

e.  Interpretation.

i.    The headings in this Agreement are for convenience only and have no legal or contractual effect.

ii.    To the extent allowed by law, the English version of this Agreement is binding, and any translations are provided for convenience only.

iii.    All pronouns and any variations thereof will be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the subject entities or persons. 

iv.    Any word both capitalized and uncapitalized will be deemed to have the same meaning. 

f.  Relationship of the Parties.

This Agreement does not create, and may not be construed to create, any agency, partnership, joint venture, fiduciary, or other special relationship or employment. You may not make do not have the authority to bind, or make representations on behalf of, Avocado Dating in any manner.

g.  Assignment; Transfer.

You agree that your Account is non-transferable and all of your rights to your Account, and its content, terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Avocado Dating without restriction.

h.  State-Specific Terms.

i.    For subscribers residing in New York: 

• The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like.
• Upon notice in writing and delivered to Avocado Dating, Inc., 1303 W Valencia Drive, Suite 231, Fullerton, CA 92833, 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 forth in our Privacy Policy.
• You may review the New York Dating Service Consumer Bill of Rights here.

ii.    For subscribers residing in North Carolina: You may review the North Carolina Buyer’s Rights here.

iii.    For subscribers residing in California: 

• You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date on which you subscribed. If you subscribed using an external service, you must cancel through your external service. 
• If you subscribed through your Apple ID, refunds are handled by Apple/Google, not Avocado Dating. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.
• All other users may request a refund by contacting Avocado Dating’s customer service department at support@avocado.dating, or by mailing or delivering a signed and dated notice stating that you (the buyer) are canceling this Agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier that you may have used to create your account. This notice should be sent to: Avocado Dating, Inc., ATTN: Cancellations, 1303 W Valencia Drive, Suite 231, Fullerton, CA 92833. 
• You may have this Agreement e-mailed to you by sending a letter to: Terms Inquiries at 1303 W Valencia Drive, Suite 231, Fullerton, CA 92833. 
• In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

iv.    For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin: 

• You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. 
• In the event that you die before the end of your subscription period, your estate will be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death.
• In the event that you become disabled (such that you are unable to use the Services) before the end of your subscription period, you will be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described above in Section 6.

i.  Notices; Electronic Communications.

i.    Avocado Dating may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via e-mail, written or hard copy, or through conspicuous posting on our websites or platforms, as determined by Avocado Dating in its sole discretion. We reserve the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering that you or your network provider may apply to e-mail notifications sent to the e-mail address associated with your Account. We recommend that you add support@avocado.dating to your e-mail contacts or address book to help ensure that you receive e-mail notifications from us.

ii.    By accessing the Services or registering for an Account, you consent to receive communications from Avocado Dating in electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This section does not affect your statutory rights.