Terms & Conditions

Terms and conditions of service

This is a legal agreement ("Agreement") between you and Metsey ("Metsey" , “us”, “our”, or “we”),. This Agreement applies to the access and use of Metsey.com, including the website’s mobile and online versions (each, a “Website” and to the download and use of any of our applications (including iOS and Android applications) (the ”Applications”), and registration to or use of any of the services provided by us through the aforementioned platforms (collectively, with the Websites and Applications, each, a “Service” or the “Services”). By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Agreement (including the Privacy Policy) for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services and which are incorporated into and form part of this Agreement.

The Metsey Services consist of the following, without limitation: a Service for single people seeking romantic relationships and any additional services currently offered or which will be offered in the future by or on behalf of Metsey. Metsey may offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Metsey also reserves the right to cease offering any of the Services.

This Agreement is subject to change by Metsey in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

  • 1. Eligibility

  • 2. Use of the Services

  • 3. Proprietary Rights

  • 4. User Information

  • 5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors

  • 6. Disclaimer of Warranty and Conditions

  • 7. Limitation of Liability

  • 8. Indemnification

  • 9. Complaints / Law Enforcement Contact

  • 10. Communication and Privacy

  • 11. Term and Termination

  • 12. Cancellations

  • 13. **RENEWALS**

  • 14. Governing Law & Venue

  • 15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver

  • 16. General Provisions

  • 17. Digital Millennium Copyright Act Notice

  • 18. Revision Date

1. Eligibility

a. Minimum Age. You must be at least 18 years old to register for the Services. By using the Metsey, you represent and warrant that you are at least 18 years old.

b. Marital Status. By registering to use or using Metsey, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not register to use or use the Singles Service.

c. Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. METSEY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, Metsey reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.

d. Meeting Matching System Criteria. The Singles Service requires your completion of the Compatibility Quiz for Metsey to find highly compatible matches for you. Metsey will not be able to provide matches to users who have not completed the Compatibility Quiz.

2. Use of the Services

As a user of any of the Services (a "Registered User"), you agree to the following:

a. Basic Membership. It is free to register for Metsey, which may be used by you at no cost (“Basic Membership”). Once you have registered by providing preliminary information (including email address and password). Your personality profile will then be integrated into the Metsey database. Using this information, Metsey may send you partner recommendations (“matches”), which will appear in your online profile and be sent via email. This information will be provided to you as a condensed profile of the other compatible members, each containing a short description of a match, your compatibility score, along with your match's primary profile photo. Please note that, as a Basic member, you will only be able to view blurred versions of your matches' profile photos. However, you may be able to see an unblurred version of your matches' primary profile photos in some instances, at our discretion. As a Basic member, you will then be able to send as many predefined communications (for example, a smile, etc.) to other members as you want; however, you will only have a limited ability to send and read personalized messages. Please note that we may limit the number of predefined communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. As a Basic member, you will not receive a free copy of your personality profile, but you may purchase a PDF copy of the personality profile at the price listed on the Service at the time of purchase.

At our discretion, we may offer Basic members free or chargeable credits that can be redeemed in the form of unlocking individual profiles of recommended partners, a feature that is usually restricted in the Basic Membership. If this feature is made available to you, you will then be able to use the profile unlock function to the extent made available to you and in accordance with these Terms and Conditions of Service. The unlocked period ends either after six months (or any other time period disclosed at time of offer) or once the unlocked profile is no longer active, whichever is earlier. Credits are linked to and stored in your Basic Membership account. They cannot be transferred to a Premium Membership or other members, nor can they be traded in, exchanged for money, or used to settle outstanding payments. Metsey may reduce the period of validity of free credits at any time at its discretion as permitted by law. Metsey reserves the right to change or impose other terms and conditions on free or chargeable credits.

b. Premium Membership. Metsey includes a membership option that offers features not available under a Basic Membership, for which you will need to purchase a subscription (“Premium Membership”). As a Premium member, you can view full profiles (5 profiles for Silver plan and 15 profiles for Gold plan) with a limited number of periods (45 days for Silver plan and 100 days for Gold plan).
Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement. Metsey will also provide each Premium member his or her personality profiles as a PDF file by email.

c. Subscription. To become a Premium member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. Metsey currently offers 6, 12, and 24-month Premium Memberships which automatically renew for consecutive12 month terms (or other term lengths, as agreed-upon by you during the purchase process) unless cancelled at least 24 hours before the end of your current term. When purchasing a Premium Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account number.) You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a “network token” (a unique personal identifier used only for billing purposes) to facilitate your payments. For more information about tokenization, please see our payment processor’s explanation on its website. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable) and/or any fees for the use of any payment mechanism or account connected to your Metsey subscription, including any applicable taxes and processing charges, if any, relating to your subscriptions. If any problems arise with the billing account or credit or debit card associated with your subscription (for example, the payment method cannot be verified, is invalid or is otherwise not acceptable)), our payment processor will automatically reschedule the billing date until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account requesting that you resolve the problem, and may suspend or terminate your subscription. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not necessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and to update this information in your account and use such information to process future payments. By subscribing, you authorize us and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You may select to purchase a plan in one upfront payment or in installments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes and fees to which your subscription may be subject and which may vary from time to time. Installment plans may be subject to additional terms and conditions, which will be consented to at the time of purchase.

d. Access to Services and subscription using Non-Metsey Services. You may download an Metsey Application and purchase a Premium Membership using your Apple ID or Google account (each, a “Non-Metsey Service”) and use the Application on your iPhone or Android mobile device. Any subscriptions purchased through a Non-Metsey Service will be charged by the Non-Metsey Service and will be subject to the terms of your selected Premium Membership and the applicable terms of service of the Non-Metsey Service. Premium Memberships purchased through the Non-Metsey Services are subject to the payment terms agreed upon by you upon subscription. To cancel auto-renewal or terminate a Premium Membership purchased through a Non-Metsey Service, you must access your Non-Metsey Service account and follow the prompts and instructions for cancellation on the applicable service or contact the applicable service directly. If you are eligible for a refund for a payment processed by a Non-Metsey Service, such refund will be processed by the Non-Metsey Service (e.g., Apple or Google); depending on the service used you may cancel the subscription by contacting Metsey. Additional information on cancellation is provided in Section 12 of this Agreement.

e. Exclusive Use. Your account is for your personal, non-commercial use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that Metsey is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.

f. Geographic Limitations. The Services are intended for use in the United States. However, please note that Metsey also provides the ability to register for the Services in certain other countries, and you may search for and receive matches from members located in such countries. Metsey reserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction.

g. Information Submitted. To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. You warrant and represent that all information provided to Metsey through our Services or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how Metsey may use information you provide or post which is personal to you are set out in our Privacy Policy.

h. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Singles Service.

i. No Guarantees. Metsey may not be able to provide matches for everyone seeking to use its services. Further, Metsey makes no guarantees as to the number or frequency of matches through the Service, or to such matches' ability, desire or criteria to communicate with any user. You understand that Metsey makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.

j. Reporting of Violations. You will promptly report to Metsey any violation of the Agreement by others, including but not limited to, Registered Users.

k. Content Removal. Metsey reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Metsey will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third-party. Metsey further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Services.

l. Posting and Communication Restrictions. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
iii. is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
iv. infringes the intellectual property right of Metsey or any third-party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
v. contains video, audio photographs, or images of another person;
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
x. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Services;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Services;
xv. uses the Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

m. No False Information. You will not provide inaccurate, misleading or false information to Metsey or to any other user. If information provided to Metsey or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Metsey of such change.

n. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Metsey.

o. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, Metsey may create test profiles in order to monitor the operation of the Services.

p. No Harassment of Metsey Employees or Agents. You will not harass, annoy, intimidate or threaten any Metsey employees or agents engaged in providing any portion of the Services to you.

q. Social Media. We may provide you the option to connect your Metsey account to your account on some social networking websites (such as via Continue with Facebook) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking website, and will use such information in compliance with our Privacy Policy. By connecting your Metsey account to your account on any social networking website, you hereby consent to the continuous release of information about you to Metsey. We will not send any of your Metsey account information to the connected social networking website without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and Metsey’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change in accordance with the terms of this Agreement, and the terms of use of the relevant social networking site.

r. Reverse Engineering and Non-Interference. In addition to any Metsey information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of Metsey and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to Metsey or its affiliates; and (iii) all Service plans of Metsey or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that Metsey takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third-party in engaging in any activity, or attempt in any way, or assist any third-party in attempting in any way, to: (v) discover or use any trade secrets of Metsey without Metsey’s prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.

s. Linking, crawling and framing. You agree not to, and warrant and represent that you will not assist any third-party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by Metsey.

3. Proprietary Rights

a. Ownership of Proprietary Information. You hereby acknowledge and agree that Metsey is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, "Confidential Information"). Metsey owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.

b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.

c. Other Users' Information. Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Metsey or third-party proprietary information available via the Services.

d. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Metsey account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to Metsey and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

4. User Information

a. Privacy Statement. We will only use your information in accordance with these Terms and Conditions of Service and our Privacy Policy. You acknowledge that Metsey may transfer your personal information to Metsey's and its affiliated companies’ offices overseas, including but not limited to Germany, and may share your personal information with third parties employed to provide some or all of the Services. By registering to use the Services, you consent to this transfer of your personal information. For information about the collection, use and possible disclosure of information and material provided by you, please click on Metsey's Privacy Policy located on the Services. By using the Services, you are consenting to the terms of Metsey's Privacy Policy.

b. No Contact Information. You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the Singles Service that will be made available to other Registered Members. You may, at your discretion, exchange such information after you reach the "Text Message" phase with your match.

c. Disclosure By Law. You acknowledge and agree that Metsey may disclose information you provide in accordance with our Privacy Policy, including, if required to do so by law, at the request of certain third-parties, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Metsey's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.

d. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, Metsey reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Metsey suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information, including personal information, may be disclosed to authorities that Metsey, in its sole discretion, deems appropriate to handle such disclosure, provided that such disclosure is pursuant to applicable law. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Metsey is permitted to make such disclosure.

e. Use of Anonymous Information for Research. As set forth in our Privacy Policy, by using the Services, you agree to allow Metsey to anonymously use the information from you and your experiences through the Services to continue Metsey's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, your responses will be anonymous, and we will not publish research containing your personal identifying information.

5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors

The Services do not currently advertise any third-party goods or services and do not contain links to third-party websites. However, Metsey reserves its rights to advertise on the Services and include third-party website links on the Services, including without limitation, advertisers, which are not under the control of Metsey, and Metsey is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. Metsey provides these links to you only as a convenience, and the inclusion of any link does not imply that Metsey endorses or accepts any responsibility for the content on such third-party website. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes or other promotion sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes or promotion sponsor. You agree that Metsey will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Metsey with advertisers or sweepstakes or promotion sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about our personal information handling practices.

6. Disclaimer of Warranty

a. No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. METSEY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. METSEY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. METSEY DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.

b. Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Metsey, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. METSEY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN METSEY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL METSEY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.

c. Beta Features. From time to time, Metsey may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at Metsey's sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.

7. Limitation of Liability

a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METSEY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF METSEY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL METSEY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID METSEY FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.

b. No Liability for non-Metsey Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL METSEY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

c. Information Verification. Metsey may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Metsey will have no liability to you arising from any incorrectly verified information.

8. Indemnification

a. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Metsey and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Metsey. Metsey reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Metsey in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

9. Complaints / Law Enforcement Contact

To resolve a complaint regarding the Service, email us at mersey.com@gmail.com.

10. Communication and Privacy

We may use the email address associated with your account to send you messages, including notifications of important changes to the Services, special offers, or attempts to collect on an outstanding balance. Further, we may contact you by telephone in order to communicate with you regarding the Services. If you do not want to receive certain email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

11. Term and Termination

This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder.

Either you or Metsey may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Metsey reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees then paid to Metsey by you will be nonrefundable. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to mersey.com@gmail.com. Following any termination of your Singles Service account due to a violation of our Agreement, Metsey reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.

12. Cancellations

a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by: accessing “Profile” > “Close Account”, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your credit card or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.

b. Cancellation through a Non-Metsey Service with No Refund. To cancel a membership purchased through a Non-Metsey Service, you must access your Non-Metsey Service account and follow the cancellation prompts for each service.

13. **RENEWALS**

IN ORDER TO PROVIDE CONTINUOUS SERVICE, METSEY AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AN EMAIL REMINDER PRIOR TO THE EFFECTIVE RENEWAL DATE AS REQUIRED BY THE APPLICABLE LAW OF YOUR JURISDICTION. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER RELATED TAXES TO WHICH YOUR SUBSCRIPTION MAY BE SUBJECT AND WHICH MAY VARY FROM TIME TO TIME. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER "CANCELLATIONS AND ACCOUNT HOLDS" SECTION ABOVE.