To expedite resolution and
and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to
resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA
arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents,
by phone, or online. The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in
. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by
If for any reason, a Dispute
proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts
, and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such
state and federal courts
. Application of the United Nations Convention on Contracts for the International Sale of Goods
In no event shall any Dispute brought by either Party related in any way to
the Site be commenced more than one (1) years after
the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
The Parties agree
that any arbitration shall be limited to the Dispute between the Parties individually. To the
full extent permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or
to utilize class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other
to Informal Negotiations and Arbitration
The Parties agree
that the following Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY 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.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
AMOUNT PAID, IF ANY, BY YOU TO US
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom
you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
joint venture, partnership, employment or agency relationship created between you and us as a result of
virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
In order to resolve a complaint regarding the Site or
to receive further information regarding use of the Site, please contact us at:
Last updated: October 22, 2021
information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our
Affiliate means an entity that controls, is controlled by or is under common control with
a party, where "control" means ownership of 50% or more of the shares, equity interest or other
securities entitled to vote for election of directors or other managing authority.
Application means the software program provided by the Company downloaded by You on any
electronic device, named Chat In Twos
Company (referred to as either "the Company", "We", "Us" or
"Our" in this Agreement) refers to Chat In Twos.
Country refers to: Washington, United States
Device means any device that can access the Service such as a computer, a cellphone or a
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Application.
Service Provider means any natural or legal person who processes the data on behalf of the
Company. It refers to third-party companies or individuals employed by the Company to facilitate the
Service, to provide the Service on behalf of the Company, to perform services related to the Service or to
assist the Company in analyzing how the Service is used.
Third-party Social Media Service refers to any website or any social network website
through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the
Service or from the Service infrastructure itself (for example, the duration of a page visit).
You means the individual accessing or using the Service, or the company, or other legal
entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can
be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser
type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent
on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically,
including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address
of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device
identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the
Service by or through a mobile device.
Information from Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party
Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may
collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as
Your name, Your email address, Your activities or Your contact list associated with that account.
You may also have the option of sharing additional information with the Company through Your Third-Party Social
Media Service's account. If You choose to provide such information and Personal Data, during registration or
otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal
Data You provide can give You access to different functionalities of the Service that are available to You
as a registered user.
For the performance of a contract: the development, compliance and undertaking of the
purchase contract for the products, items or services You have purchased or of any other contract with Us
through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms
of electronic communication, such as a mobile application's push notifications regarding updates or
informative communications related to the functionalities, products or contracted services, including the
security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods,
services and events which we offer that are similar to those that you have already purchased or enquired
about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger,
divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our
assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which
Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis,
identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and
improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to
monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection
with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a
portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will
subsidiaries, joint venture partners or other companies that We control or that are under common control with
- With business partners: We may share Your information with Our business partners to offer
You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public
areas with other users, such information may be viewed by all users and may be publicly distributed outside.
If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the
Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity.
Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your
- With Your consent: We may disclose Your personal information for any other purpose with
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this
obligations (for example, if we are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a
shorter period of time, except when this data is used to strengthen the security or to improve the functionality
of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other
places where the parties involved in the processing are located. It means that this information may be
transferred to — and maintained on — computers located outside of Your state, province, country or other
governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in
a country unless there are adequate controls in place including the security of Your data and other personal
Disclosure of Your Personal Data
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by
law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the
Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means
to protect Your Personal Data, We cannot guarantee its absolute security.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable
information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child
has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data
from anyone under the age of 13 without verification of parental consent, We take steps to remove that
information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires
consent from a parent, We may require Your parent's consent before We collect and use that information.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party
every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any
third party sites or services.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective
effective when they are posted on this page.