Terms of Service

Welcome to the Randeivu App! These Terms of Service (“Terms”), together with our Privacy Policy, constitutes a written contract (the “Agreement”) between you and Randeivu LLC (“Randeivu,” “we,” or “us”) governing your use of our mobile app and/or any website or software where these Terms appear or are linked (collectively, the “Service”). By clicking/checking the “I Agree” button/box, accessing the Randeivu app or website, creating an account, or by utilizing the Randeivu Service you agree to be bound by the Agreement. 

By using the Service, you represent that you are authorized to enter into and consent to this Agreement and that you are at least 18 years old and the age of majority in your location. 

These Terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. See Section 9 for full details.

These terms also include a Non-Disclosure provision that requires users maintain the confidentiality of certain information. If a user violates the Non-Disclosure provision, they may be subject to immediate removal from the Service. See Section 4 for full details. 

  1. PRIVACY POLICY

We take your privacy very seriously; as such, our Privacy Policy is an important part of and incorporated by reference into this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide our Service. 

  1. ABOUT THE SERVICE

What We Do 

Our Service helps to generate connections between people who are interested in dating, friendships, romance, and serious relationships.

Under Section 230 of the Communications Decency Act and similar laws, Randeivu is a platform service and not the publisher or speaker of any third-party content, including user profiles.

What We Don’t Do

Randeivu is not responsible for your interactions with users. We are not responsible for the conduct of any user on or off the Service. Users must use caution in all interactions with other users, particularly in the event of in-person meetings. Please use common sense when communicating with users and do not provide sensitive information including credit card information, bank account information, or personally identifiable information. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. 

Randeivu does not conduct background checks. We do not do background checks on any user of the Service. Information in each user’s profile is provided by the user with no research or any other form of confirmation by us. We encourage you to exercise due diligence and common sense in communicating with and exchanging personal information with other users.

  1. YOUR QUALIFICATIONS

You must be at least eighteen (18) years old to create an Account (as defined below) and use the Service. By creating an Account and using the Service, you represent and warrant that:

  • You are at least eighteen (18) years of age. 
  • You can enter into and form a binding contract with Randeivu. 
  • 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 our Service;
  • You have not 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 on our Service; 
  • You have not previously been removed from our Service by us, unless you have our express written permission to create a new account; and
  • You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. 

If at any time you cease to meet these requirements, you must immediately cease use of the Service and delete your account. 

  1. YOUR USE OF THE SERVICE

License to Use the Service

Subject to your compliance with this Agreement, Randeivu grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access the Service, and to use the Service, in the manner intended by the Service for your personal use. This license allows you to use the Service, but it does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Service without the prior express written consent of Randeivu. All rights not expressly granted in this Agreement are reserved by Randeivu. 

Your Account

To participate in the Service, you must create an account and profile (collectively, your “Account”). You represent and warrant that all information you provide in connection with your Account and your use of the Services is current, complete, and accurate, and that you will update the information as necessary to keep it accurate. You further represent and warrant that you are not impersonating any person or entity through your Account, or misleading other users as to your affiliation with any person or entity. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify Randeivu immediately at info@randeivu.io if you suspect any unauthorized use of your Account. We reserve the right, at any time and in our sole discretion, to: (a) refuse to grant you access to the Service, (b) remove your profile from the Service, (c) terminate your Account, or (d) suspend or terminate your right to use the Service.

Non-Disclosure of Private Information

Our Service allows users to freely communicate with each other, including via videos, and depends on users keeping “Private Information” in strict confidence. “Private Information” includes any private or confidential information about users of the Service, whether yourself or a third party, including video communications, photos, unlisted contact information (e.g., phone numbers, email addresses, physical addresses), financial information, location information, login or other credentials, and other identifying or protected information. You should be careful of sharing any Private Information and should not share any Private Information that you do not want to be public. 

To facilitate open and comfortable communication between our users, you agree that you will keep any Private Information obtained about other users, including any video communications, strictly confidential. Further, you should not share any details about any user, including related to a user’s name and identity, or any user profile information, with any third party without the disclosing user’s express written consent. 

In particular, you agree:

  1. Not to, directly or indirectly, in any way, reveal, report, share, publish, screenshot, disclose, transfer, make or permit to be made copies or other reproductions, or otherwise use any of the Private Information of other users except as specifically authorized by the express written consent of such user;
  1. Not to use any Private Information for any commercial purpose or for financial gain, or for any fraudulent or unlawful purpose. 

To ensure the best user experience, we ask that our users be respectful of each other’s privacy. You agree that your violation of these prohibitions will cause irreparably injury to our Service and to the disclosing user(s). If we receive complaints or determine, in our sole discretion, that you are disclosing other users’ information, we reserve the right to immediately terminate your Account, without limiting any other available remedies. 

Common Sense

You agree to use common sense and assume all responsibility for your communications with users that are initiated through the Service. As with any internet-based service that allows you to communicate with persons previously unknown to you, you should use caution in disclosing personal information about yourself, including your full name, address, details about your finances or family, and so forth. 

Your Content

As a user, you will have the ability to post information, images, and photos to your profile; you will have the ability to transmit messages and communicate with other users via video chat (collectively, your “Content”). You agree that you are solely responsible for your Content and represent and warrant that all Content posted by you is current, complete, and accurate, and that you have not misstated or embellished any statement of fact therein. You are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates our Prohibited Conduct section. You understand and agree that we may monitor or review any Content, but under no circumstances will Randeivu be liable in any way for your Content. If you post inappropriate Content or otherwise violate the Prohibited Conduct section, we may, in our sole discretion, remove your Content. 

License to Display Your Content

You are always the owner of your Content; however, we require the following license from you to display your Content as expressly permitted by you. 

You hereby grant Randeivu an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created. Additionally, you grant Randeivu the right to use your name, likeness, and image for any purpose, including commercial or advertising, on or in connection with Randeivu or the promotion thereof.

You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Indemnification

You are responsible for your Content and, as such, you agree to defend, indemnify, and hold harmless Randeivu from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to your Content. 

Other Users’ Content

Other users will also share content on our Service. Other users’ content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to other users’ content, and you may only use other users’ content to the extent that your use is consistent with our Service’s purpose of allowing use to communicate with and meet one another. You may not copy other users’ content or use other users’ content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse other users’ content.

DMCA Takedown Requests

Randeivu respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances. 

If you believe Content located on or linked to the Service violates your copyright, please immediately notify us by emailing us a DMCA takedown notice (“Infringement Notice“), providing the information described below. If we act in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available at the most recent email address they provided to us.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following: 

(a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; 

(b) an identification of the copyright claimed to have been infringed; 

(c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Randeivu to find and positively identify that material; 

(d) your name, address, telephone number, and email address; and 

(e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to abuse@randeivu.io with the subject line “DMCA Notice.”

Randeivu will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

Prohibited Conduct

Randeivu imposes certain restrictions on your use of the Service. By using or accessing the Service, you represent, warrant, and agree that you will not:

  1. provide any false, misleading, or inaccurate information, create more than one Account, transfer your Account, create an Account for anyone other than yourself (unless you have been authorized to create an Account on behalf of that person), or creating an Account without authorization; 
  2. do anything that could disable, overburden or impair the proper working order of the Service; 
  3. attempt to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; 
  4. use any robot, spider, scraper or other automated means to access the Service; 
  5. send spam or any other unauthorized advertisements or solicitations through or using the Service; 
  6. harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses; 
  7. solicit private information (including social security numbers, credit card numbers and passwords) from users; 
  8. use the Service or your Account for any commercial purpose; 
  9. intimidate, bully, stalk, assault, harass, mistreat or defame any users; 
  10. post any Content that is considered hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; 
  11. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 
  12. do anything that is illegal, infringing, fraudulent, malicious or could expose us or users to harm or liability; 
  13. create another Account if we have already terminated your Account, unless you have Randdeivu’s prior permission; or 
  14. attempt, encourage or facilitate any of the above. 
  15. create another account if we have already terminated your account unless you have our permission.

Randeivu reserves the right to investigate and/or terminate your Account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that we regard, in our sole discretion, as inappropriate or unlawful, including actions or communications that occur on or off the Service.

To report violations of Prohibited Conduct to Randeivu, you may contact us at violations@randeivu.io. 

  1. PAYMENTS & SUBSCRIPTIONS

Payments 

You agree to pay Randeivu all fees associated with your use of the Service (“Fees”), as indicated to you at the time you agree to such Fees (such as through the account registration or checkout process). All transmissions of payment information through the Service are secured with Internet-standard TLS (also known as HTTPS) encryption. Randeivu does not verify account information, process any payments or store your billing information itself; instead, these services are provided through the Service by Randeivu’s trusted Third Party “Payment Processors,” and you may be redirected to Third Party Websites (as defined below) and/or required to agree to separate Third Party terms in order to complete your payment transaction. 

Subscriptions 

Randeivu may, at its sole discretion, offer access to certain parts of the Service or related services on a subscription basis. If you enroll in a subscription plan (your “Subscription”), you will be billed according to the terms of the Subscription as displayed to you at the time you first enrolled (the “Subscription Terms”). 

Timing of Subscription Payments. At the time you enroll in your Subscription, you will be required to provide payment card information to pay for the Fees associated with your Subscription. If you choose to enroll in a Subscription, you understand and agree that your credit or debit card on file will be charged Fees for additional Subscription periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, your Subscription renews automatically unless cancelled in advance of the next payment period by you. Please pay attention to the Fees, payment terms and disclosures provided during the order process for your Subscription.

Changes and Cancellation. Deleting your Account or deleting the application from your device does not cancel your Subscription. To change or cancel a Subscription, including a free trial for a Subscription, you may either log into your Account or email Randeivu at cancellations@randeivu.io. If you choose to change or cancel your Subscription by email, you must provide Randeivu sufficient information to identify your account, such as your username, real name, billing address, and the email address associated with the account. Changes and cancellations must be made at least three (3) days before your credit or debit card is charged for the next Subscription payment in order to avoid said payment.

Changes in Subscription Fees. Randeivu may find it necessary to change its Fees and reserves the right to do so in its sole discretion. We will not increase Fees without prior notice to you that is sufficient to afford you an opportunity to cancel your Account or Subscription before incurring any increased Fees.   

Free Trials. 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. 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.

In-App Purchases. We may offer products and services for purchase (“in-app purchase(s)”) through the App Store and Google Play Store. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment will be charged for the in-app purchase at the price displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments. If you make an in-app purchase, you authorize Randeivu or the third-party account to charge you.

No Refunds. Due to the nature of the Service, unless otherwise indicated at your time of checkout or in this Agreement, or as otherwise required by law, ALL SALES ARE FINAL AND THERE ARE NO REFUNDS. 

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, and as otherwise required by law, the terms below apply:

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 shall 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 Randeivu) before the end of your subscription period, you shall 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.

  1. ELECTRONIC COMMUNICATIONS 

Consent to Receive Electronic Communications from Company. Without limitation, by registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you hereby expressly consent to receive electronic and other communications from Randeivu, over the short term and periodically, including email and push notifications, regarding the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to unsubscribe@randeivu.io.

Consent to Receive Electronic Communications from Users. Without limitation, by registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you hereby consent to receive electronic communications, including email, push notifications, instant messages, video messages, and other personal messages from other users of the Service. For more information, see our Privacy Policy. 

  1. THIRD-PARTY CONTENT AND SERVICES

Third Party Content 

Opinions, advice, statements, or other information made available through the Service by third parties (“third party information”), should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service and will not be responsible for any loss or damage resulting from your reliance on third-party information.

We are not responsible or liable for, and do not approve or endorse any third-party information, content, materials, websites, or applications made available on the Service (collectively, “third party materials“). Without limiting the foregoing, we are not responsible for the content, accuracy, availability, offensiveness, opinions, reliability, privacy practices or other policies applicable to such third-party materials, and we cannot and do not guarantee that third party materials will comply with the restrictions, conditions or obligations that we require. If you decide to use or access third party materials, you do so at your own risk, and you may be required to agree to terms of service, privacy and data gathering practices, and other policies applicable to such third-party materials. Please review all such terms and policies carefully.

Third Party Services

The Service may be linked with the services of third parties (“Third Party Services”). Your correspondence, business dealings, and transactions with Third Party Services are solely between you and said third parties. This includes, but is not limited to, your participation in promotions, special offers, or purchases made. Randeivu does not have control over the content and performance of Third Party Services. Accordingly, you agree that Randeivu shall not be held liable for any loss, damage, or injury that may occur as a result of such dealings. Randeivu does not represent, warrant, or endorse any Third Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services.

  1. INTELLECTUAL PROPERTY

Randeivu, the Encontro logo, Encontro’s app, website domain(s), and all content and other materials available through the Service, exclusive of your Content and the Content of other users, (collectively, the “Company IP“) are the trademarks, copyrights, and intellectual property of and owned by Randeivu or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Service will inure to the benefit of Randeivu, and you agree to assign, and do assign, all such goodwill to Randeivu. You shall not at any time, nor shall you assist others to, challenge Randeivu’s right, title, or interest in, or the validity of, the Company IP.

  1. TERMINATION

You may terminate this Agreement at any time upon written notice to Randeivu. If you terminate this Agreement, you must delete your Account and may no longer access or use the Service. If, after termination, you access the Service or create a new Account, such action will constitute your consent to this Agreement and the Privacy Policy, and the prior termination will be deemed null and void. If you are enrolled in any Subscription, you must cancel your Subscription as part of termination in order to avoid incurring additional Subscription Fees. 

Randeivu may, in its sole discretion, terminate your Account, delete your profile, delete your Content, and/or prohibit you from using or accessing the Service at any time and without prior notice. 

All payment obligations outstanding at the time of termination and Sections 4 (Your Content, Confidentiality), 5, and 7-14 shall survive termination of this Agreement. 

  1. DISPUTE RESOLUTION

This section governs any dispute between you and us, and how that dispute will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Randeivu and you, and not to disputes between you and any other user. 

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of California without regard to its conflict of law principles. 

Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in Irvine, California (a “Court of Competent Jurisdiction”). You and Randeivu stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.

Arbitration 

If you and Randeivu cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the Randeivu agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Randeivu, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Randeivu initiates arbitration against you, Randeivu shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Randeivu agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Randeivu will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. 

You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

No Class Actions Allowed

You and Randeivu agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Randeivu, including as a plaintiff or class member in any purported class action.  

  1. ASSUMPTION OF RISK; INDEMNITY BY YOU

YOU KNOWINGLY AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY RANDEIVU AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICE.  

YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT RANDEIVU DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. RANDEIVU ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. RANDEIVU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. RANDEIVU RESERVES 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.

RANDEIVU DOES NOT ACCEPT RESPONSIBILITY FOR THE TRUTH OR ACCURACY OF ANY STATEMENT MADE OR POSTED BY THIRD PARTIES OR USERS OF THE SERVICE. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE SAFEGUARDS WHEN CORRESPONDING WITH ANY USER. IN COMMUNICATING WITH OTHER USERS, YOU AGREE TO HOLD RANDEIVU AND ITS OWNERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES AND ATTORNEY FEES, RESULTING FROM OR CAUSED BY ANY CORRESPONDENCE WITH A USER. BEFORE ENGAGING IN ANY CORRESPONDENCE WITH A USER, WE ENCOURAGE YOU TO VERIFY INFORMATION ABOUT USERS THROUGH ADDITIONAL SOURCES. 

USERS THAT CHOOSE TO CREATE A PROFILE ON THE SERVICE ARE THE AUTHORS/PUBLISHERS OF THE INFORMATION CONTAINED IN THE PROFILE. RANDEIVU IS NOT CONSIDERED THE PUBLISHER OF USER PROFILE INFORMATION, WE SIMPLY PROVIDE THE SPACE FOR THE USER TO CREATE A PROFILE. 

  1. DISCLAIMERS, LIMITATION OF LIABILITY

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, RANDEIVU, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER RANDEIVU NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT YOU WILL FIND SOMEONE TO CORRESPOND WITH, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. RANDEIVU DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SERVICE PURSUANT TO THIS AGREEMENT. 

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RANDEIVU OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RANDEIVU AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE TOTAL AGGREGATE AMOUNT THAT RANDEIVU, ITS LICENSORS, OR SUPPLIERS MAY BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO RANDEIVU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE ACTION OR CLAIM OCCURRED, OR $100, WHICHEVER IS GREATER. 

Application of Disclaimers 

Some states 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, exclusions or limitations may not apply to you, and you might have additional rights. Randeivu’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section. 

  1. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between Randeivu and you concerning your use of the Service.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Randeivu. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and Randeivu are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

Third Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

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

  1. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. Randeivu reserves the right to change this Agreement and the Privacy Policy at any time upon notice to you (including by posting a new version or sending you a change notice to your email address of record, where required by law). It is your responsibility to review this Agreement and the Privacy Policy periodically.