GROWLR

GROWLR terms of use agreement

Compliance

Last updated on April 25th, 2024

Subscribers in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Rhode Island: You, the buyer, may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed, excluding Sundays and holidays. To cancel the subscription, users may request a refund by contacting GROWLR Member Services at support@themeetgroup.com, or by mailing or delivering a signed and dated notice that states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier you used to sign up for your account. This notice shall be sent to: The Meet Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA. The Company's business is conducted, in part, at 100 Union Square Drive, New Hope, PA 18938, USA. You may have these terms of use e-mailed to you by sending a letter to GROWLR Terms Inquiries, 100 Union Square Drive, New Hope, PA 18938, USA. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not GROWLR. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. For California subscribers only: In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Subscribers in Wisconsin: CANCELLATION AND REFUNDS. Right to Cancel. You are permitted to cancel this contract until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying eHarmony by any writing mailed or delivered to eHarmony at the address shown on the contract (The Meet Group, Attn: Cancellations, 100 Union Square Drive, New Hope, PA 18938, USA.), within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by eHarmony and arrangements will be made to relieve you of any further obligation to pay the same. If you subscribed using an External Service (e.g., Apple ID, Google Play), you must cancel through your External Service. If you subscribed through your Apple ID, refunds are handled by Apple, not GROWLR. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.

WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS.

We are happy that you have chosen to try or use GROWLR, which is a service for use by adults only to facilitate social interaction. GROWLR is operated by The Meet Group, Inc., (the "Company" or "GROWLR"). You are referred to herein as “you” (or otherwise “your” as the context requires). The following are the terms that you accept when you use GROWLR or any of its services, as defined below.

Please read the Terms of Use carefully before you start to use the GROWLR App or Service. By using the GROWLR App or Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy and other documents incorporated herein by reference. If you do not want to agree to these Terms of Use and incorporated documents, you must not access or use the Website. This is a contract. You will be bound by the terms of this contract if you use GROWLR, the GROWLR App or Service, as defined below. If you do not agree to the terms or do not understand them, do not use GROWLR, the GROWLR App or the Service or contact an attorney prior to use.

YOU CONSENT TO RECEIVE COMMERCIAL E-MAIL, TEXT, SMS AND/OR OTHER MESSAGES FROM US, AND AGREE THAT WE MAY USE YOUR EMAIL ADDRESS, PHONE NUMBER AND OTHER PERSONAL INFORMATION FOR THE PURPOSE OF INITIATING COMMERCIAL MESSAGES. Receiving these communications, possibly via autodialer, is a condition of using GROWLR and you will not be able to opt out of receiving them.

When you use or access the GROWLR Application, website or any GROWLR-branded software service any GROWLR services (the “Service”), including via means of a mobile application, computer application or software, a website (including the GROWLR website at growlrapp.com) or by any other means, (collectively referred to as the "GROWLR App") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member of GROWLR. The term "GROWLR App" is deemed to refer to any use of the Service by any means, including but not limited to by means of any device, including but not limited to a computer, a mobile device, or a mobile application, or by any other means.

This GROWLR App and the Service is offered and available to users who are 18 years of age or older (and otherwise meet other requirements as explained herein). By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and that you meet all of the eligibility requirements explained herein. If you do not meet all of these requirements, you must not access or use the Website.

In addition, the GROWLR Privacy Policy, the GROWLR Profile Guidelines and the GROWLR Safety Guidelines, are each incorporated herein by reference and made a part hereof. If you do not accept and agree to be bound by all of the terms of this Agreement, including the ancillary documents above, you may not use the GROWLR App or the Service and should not do so. Please contact us or a lawyer with any questions that you have regarding this Agreement.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the GROWLR App and the Service thereafter. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change was effective. Your continued use of the GROWLR App or the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to and agree to check for updates to the Terms of Use each time you access GROWLR App or the Service so you are aware of any changes, as they are binding on you.

I. Your Acceptance of this Agreement.

A. This Agreement is a contract that establishes legally binding terms that you must accept to use the GROWLR App, the Service and to become a GROWLR member (a "Member"). As used in this Agreement, the term "Member" means a person who provides information to the Company on the GROWLR App or the Service to participate in the Service in any manner, whether such person uses the Service as for free or for a fee or pays for any additional, optional, add-on or extra services made available to users or Members of the service. This Agreement includes the Company’s (i) GROWLR Privacy Policy, (ii) the GROWLR Profile Guidelines, (iii) the GROWLR Safety Guidelines, (iv) the terms and/or fee structures disclosed and agreed to by you if you become a subscriber or if you purchase or accept additional features, products or services we offer on the GROWLR App or through the Service (e.g. “Shouts”), and (v) state-specific terms and terms governing features, billing, free trials, discounts and promotions.

B. You accept this Agreement and agree to the terms and conditions contained or referenced herein by any of the following: 1) electronically accepting this agreement by indicating your acceptance on any “click through” or “click to agree” application and/or 2) accessing the GROWLR App or using the Service, 3) becoming a Member. You consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us. This Agreement may be modified by the Company at any time, such modifications to be effective upon posting by the Company on the GROWLR App and/or the growlrapp.com website. If you do not agree to any modifications or updates so posted, you agree to immediately cease using the GROWLR App and the Service. In the event that you continue to use the GROWLR App or the Service after the Company updates or modifies this Agreement, then you agree that you will be bound by the terms of the updated or modified agreement terms, fulfil and honor the terms thereof, and you agree that such agreement is fully enforceable against you.

II. Eligibility GROWLR App or the Service.

To access or use the GROWLR App or the Service, you must be at least the older of either: 1) 18 years of age or 2) the age of consent under the laws of the territory for which you reside or are using or accessing the GROWLR App or the Service. Any use of the Service or the GROWLR App is void where prohibited. By accessing and using the GROWLR App or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use or access the GROWLR App or the Service or become a Member thereof, you represent and warrant that 1) you have never been convicted of a felony; 2) that you are not required to register as a sex offender with any government entity; 3) that you are legally permitted to use and access the GROWLR App or the Service under any and all applicable laws; 4) that you will abide by all laws applicable to you; 5) that the GROWLR App, the Service and your use of either does not violate any applicable laws; and 6) you will not use the GROWLR App or the Service to commit any crimes or to commit any civil infractions against any person or entity, or to otherwise harass or cause harm to anyone. Using the Service may be prohibited or restricted in certain territories, states, municipalities, or countries. Whether you use the Service in the United States or from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the GROWLR App or Service and you agree to hold the Company harmless from, and indemnify the Company for any breach of any such agreement, warranty or representation hereunder.

III. Membership Registration and Service Add-Ons.

You may register as a Member in accordance with the Company’s then-current registration and/or fee policies, which may change at any time. As a Member, you may use some, but not necessarily all, of the features and services available within the Service. To access or use additional features and services, including the ability to send “SHOUTS” to other Members, you must pay the applicable then-current fees for such service. The fee policies that will apply to you are those that are in effect when you use the Service, or purchase a particular membership or individual feature or service or are a part of this Agreement, and you agree that 1) such fees are reasonable; and 2) to pay all such fees. Your Member profile may remain posted on the GROWLR App or within the Service even if you are not actively using the Service. You acknowledge that although a Member’s profile may be visible, you may not be able to use the Service to communicate with that Member if that member is not then actively using the Service or has “blocked” you. You agree that if a member blocks you that you will not attempt to communicate with that member by using the Service, e.g. by creating or using a different profile within the Service or otherwise try to contact that person by any means. You acknowledge and agree that GROWLR cannot control any user’s communications and you accept that people may try to contact you, flirt with you, etc. if you use the GROWLR App or the Service.

IV. Term and Termination.

A. This Agreement will remain in full force and effect while you use the GROWLR App or the Service and/or are a Member, except that certain provisions hereunder shall survive this agreement where applicable or as indicated herein. Except as otherwise expressly stated hereunder, after your membership is terminated for any reason, all applicable terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

B. You may change or cancel your membership or any particular service at any time, for any reason, by following the instructions provided in the GROWLR App or the Service e.g. by accessing your account settings or similar menu application or function. You may also cancel your membership by sending the Company written notice of cancellation to GROWLR by email to Customer Care. If you cancel your membership or any extra, individual service or add-on, the Company shall have a reasonable amount of time to process the action. If you cancel any type of subscription service add on or feature that was purchased for a specific amount of time that the Company may offer from time to time, your subscription benefits, add on or feature will continue until the end of your then-current term or the agreed upon time period, following which it will expire. However, in no event will you be eligible for a refund of any portion of the fees paid for such item. If you paid for the item using a multi-payment option, you must make all payments even if you cancel your subscription prior to the end of your then existing commitment period.

C. Canceling an account (paid, free or otherwise) or a feature, add-on, subscription or other individual service does not necessarily automatically cancel your membership depending on the action and functionality of the procedure called upon. If you are a member and you cancel a service, subscription or feature but not specifically your membership, unless you elect to hide your profile, you will continue to be a Member in the Service and others may view your profile. If you hide your profile, other Members will not be able to view your profile until you "unhide" your profile.

D. The Company may terminate or suspend your membership or any individual feature that you purchased or subscribed to (including any subscription feature, add-on, additional or extra feature) at any time without notice for any reason, including but not limited to if the Company believes that you have breached this Agreement or any GROWLR Policies. Upon such termination or suspension, you will not be entitled to any refund of unused fees for any services, add-ons, features, or subscriptions, and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due, and the Company may charge such fees to any credit or debit card that you have on file. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

V. Applicable Use.

The GROWLR App and Service are for personal, non-commercial use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services or (ii) soliciting others to attend events or other social functions, or networking, for commercial purposes. Users of the GROWLR App or the Service may not use any information obtained from the GROWLR App or the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent, and you agree not to use the GROWLR App or the Service to seek such consent. Organizations, companies, and/or businesses may not use the Service or the GROWLR App for any purpose. You agree that you will not frame any GROWLR App or the Service within your website or use links to any GROWLR App or the Service in confusing or illegal manner. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the GROWLR App or the Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the GROWLR App or the Service.

VI. Account Safety.

You acknowledge that there are inherent dangers and risks in using the internet or any application, software, website, mobile app, or other internet service, and those dangers apply to the GROWLR App or the Service. You assume the risk of any and all such dangers and risk when using GROWLR App or the Service. You agree that you are and will remain responsible for maintaining your own safety while using or while the GROWLR App or the Service or while you are a Member of the GROWLR App or the Service. You understand and agree that you are responsible for protecting and maintaining the confidentiality of the username and password that you elect to use and provide for use for GROWLR App or the Service, and that you are solely responsible for all activities that occur on your account, through your account, or under your username and password. You agree to keep your username and password confidential and secure, to not provide it to any third party, or allow anyone else to access your account. You agree to immediately notify the Company of any unauthorized use of your account, your profile, your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

VII. Interactions with Other Users and Members, Background Checks.

A. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS, INTERACTIONS AND MEETINGS WITH OTHER MEMBERS OR USERS. YOU UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT NECESSARILY, AND IS NOT OBLIGATED TO, ASSESS OR REVIEW MEMBER PROFILES FOR ACCURACY, CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS OR OTHER CHECKS ON ITS MEMBERS; HOWEVER THE COMPANY RESERVES THE RIGHT TO DO SO AND IS PERMITTED TO DO SO FOR ANY OR ALL MEMBERS. THE COMPANY ALSO DOES NOT NECESSARILY, AND IS NOT OBLIGATED TO, INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS; HOWEVER THE COMPANY RESERVES THE RIGHT TO DO SO AND IS PERMITTED TO DO SO FOR ANY OR ALL MEMBERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY STATEMENT BY ANY MEMBER, ANY PHOTOGRAPH OR ANY OTHER POSTING OR INFORMATION PROVIDED BY ANY MEMBER. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. ALTHOUGH NOT REQUIRED, THE COMPANY MAY, AND RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK INCLUDING ANY CRIMINAL BACKGROUND CHECK OR OTHER BACKGROUND CHECKS OR SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), OF YOU AND ANY OTHER MEMBER AT ANY TIME AND USING AVAILABLE RECORDS ACCESSIBLE BY COMPANY INCLUDING PUBLICALLY ACCESSIBLE DATA AND PRIVATE DATABASES. THE COMPANY IS NOT OBLIGATED TO NOTIFY YOU THAT IT WILL OR HAS PERFORMED ANY SUCH CHECK OF YOU OR ANY OTHER MEMBER AND IS NOT OBLIGATED TO PROVIDE YOU ANY RESULTS OF ANY SUCH CHECK. By accepting these terms, you agree to allow the Company to perform any and all background checks on you that it deems advisable in its sole discretion.

B. The GROWLR App and Service is a meeting facilitator only. It consists of software that helps you identify people that you may wish to communicate with. You agree that the Company is not responsible for who you choose to meet and what happens if you decide to communicate with any other person. You agree to take full responsibility for your own choices with respect to whom you choose to interact. The Company is not responsible for the conduct or actions of any other person, whether a Member or not and whether any action occurred via use of the Services or the GROWLR App or otherwise. While the Company may choose to maintain certain security procedures and protocols, the Company shall not be obligated to maintain any specific security policy, procedure or protocol, and shall not be liable or responsible to you or anyone for any third-party actions including any unauthorized or criminal or civil action, including cyber-crimes, hacking, security breaches or the unauthorized taking or accessing of your or any Member’s confidential, private or personal information, stalking, harassment, or other conduct. As noted in and without limiting Sections 16 and 18 below, in no event shall the Company or its affiliates, employees, agents, partners, sponsors, members, advertisers, or its partners be liable (directly or indirectly) for any losses or damages to you whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else that is a user of member of the GROWLR App or Service, that you met using the GROWLR App or Service or otherwise that occurred in connection with or relating to the use of the GROWLR App or Service including, without limitation, death, bodily injury, emotional distress, violations of privacy or publicity rights, defamation, and/or any other damages resulting from the actions of any Member or third party including but not limited to those arising out of communications or meetings with other Members or persons you meet through the GROWLR App or Service or anyone that uses the GROWLR App or Service. You agree to indemnify and hold the Company harmless from any damages of any third party claimed against the Company as a result of any third party that you met through the GROWLR App or Service that you connected or introduced to such third party. You agree to take all necessary safety measures and precautions applicable to you and others with respect to your use of the Service and the GROWLR App, including your posting of information on your profile, and in all interactions with other Members, particularly if you decide to communicate off the GROWLR App or meet in person, or if you decide to send money or personal information to another Member (again, the Company recommends that you never send money or personal information to anyone that you have met online - See our Safety guidelines). In addition, you agree to review and follow the Company's Safety guidelines, before and when using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service and thus cannot and does not actually assist in creating connections, helping you make friends, or scheduling meetings for you. Whether or not you actually connect with anyone or meet anyone is solely up to you and is your responsibility. You should use caution when providing, and generally should refrain from providing any personal information, such as your full name, address, telephone number, place of employment, or other information that might allow someone to identify you or family such as children’s school, or places where you will be or frequent. You should not and agree not to post any pictures of you that are also posted on other websites that identify your real name or otherwise may allow someone to identify you, such as Facebook or an employment bio page. You should never supply any of financial information (for example, your credit card or bank account information), provide your social security number, or wire or otherwise send money, to other Members. You should also never disclose any passwords that you use for the Service or for any other service or website. In addition, you should always take precaution to meet for the first time in a public place and provide your own transportation to and from the meeting location. You should never accept a ride with someone that you have just met online. Finally you should always provide a friend or family member information as to who you are meeting (providing as much information as you have), what time you are meeting, where you are meeting, and when you expect to be finished with the meeting. The Company recommends the use of a set of “Safe Calls” whereby you agree to call or text a friend or family member a secret code word at certain times to indicate that you are safe, and if you do not then they are to check in on you or if necessary contact authorities.

VIII. Intellectual Property, Use of the GROWLR App and Service; Other Rights.

A. The Company owns and retains all proprietary rights in the GROWLR App and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The GROWLR App and Service contain the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, distribute, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the GROWLR App or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

B. The GROWLR App, the Company website(s), all mobile applications and Company Software used for the Service or connected to the Service, and any other applications or software owned, published or made available by Company, the entire contents thereof, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, graphics, images, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

C. These Terms of Use permit you to use the GROWLR App and the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials or to running an application that provides the service such as the GROWLR mobile application.

2. You may store files that are automatically cached by your Web browser for display enhancement purposes.

3. You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication or distribution.

4. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

D. You agree not to:

1. Modify copies of any materials provided by the Company or accessible or through or provided by the Service or the GROWLR App.

2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service or the GROWLR App.

3. Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

E. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service or the GROWLR App in breach of this Agreement, your right to use the Service and the GROWLR App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or the GROWLR App or any content on the Service or the GROWLR App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Service or the GROWLR App not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws. Notwithstanding the existence of this Agreement or anything hereunder, the parties agree that the Company shall have the right to pursue claims against you for breach of contract, copyright, trademark and other intellectual property infringement claims and other claims simultaneously with a breach of contract claim the Company may and collect damages, at Company’s election for any such claims.

F. The Company name, the term “GROWLR” (in standard characters and in all of its stylized forms), and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You agree not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

G. You agree not to post, transmit, or otherwise publish, on or through the GROWLR App or Service, any photograph, image, likeness, signature, voice, or other personal identifier of any individual, other than yourself, without the individual’s written permission, even if you are the copyright holder of such work, and you agree not to infringe any the right of publicity, privacy, or other individual or personal rights of any third-party. You further agree not to post, transmit, or otherwise publish, on or through the GROWLR App or Service, any image, writing, photograph, design, logo or other content that is copyrighted or is subject to copyright or trademark protection or otherwise protected by law or that is the exclusive work of a third party (including without limitation works protected by copyright, trade secrets, trademark, right of publicity, and right of privacy). You agree to and shall fully indemnify the Company for any and all damages, including attorney’s fees and any and all litigation costs and expenses incurred by Company, and to hold the Company harmless for violations or infringements of the warranties and representations herein.

IX. Content Posted by You on the GROWLR App.

A. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or the GROWLR App or transmit to other Members, including emails, videos (including streaming videos or broadcasts), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the GROWLR App or as part of the Service, or transmit to the Company or any other Member (either on or off the GROWLR App), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.

B. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the GROWLR App or as part of a Service. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of, or otherwise damage, or create potential liability for, the GROWLR App, the Service, other Members, any third-parties or the Company. The Company may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which the Company deems appropriate in its sole discretion.

C. By posting Content on the GROWLR App or as part of the Service, you automatically grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

D. In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the GROWLR App or in connection with the service. You agree not to post, upload, use, transmit, publish, display or otherwise make available Content that:

1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. advocates harassment or intimidation of another person, or does harass or intimidate another person;

3. requests money from, or is intended to otherwise defraud, users or Members of the GROWLR App or Service or any third party;

4. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);

5. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

6. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

7. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

8. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

9. provides material that exploits people in a sexual, violent or illegal manner, or solicits personal information or other information from, or otherwise is an attempt to contact or communicate with anyone who is the lower of under the age of 18 or the age of consent in the territory in which either you or the Member they resides;

10. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;

11. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices, or any illegal code or that runs any illegal application;

12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

13. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

14. disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;

15. solicits passwords or personally identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; or

16. publicizes or promotes commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

E. The Company reserves the right, in its sole discretion, to investigate and take any or all action, including but not limited to legal action against you or anyone who violates this Agreement, and/or removing the offending communication from the GROWLR App or Service and/or terminating or suspending the membership or right to use the Service or the GROWLR App of such violators or for any other reason at Company’s discretion.

F. Your use of the GROWLR App and Service, including all Content you post or transmit on, within or through the Service or the GROWLR App, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service or the GROWLR App in the future; or (v) protect the rights, property or personal safety of the Company or any other person or entity.

You may not post any personal information, including but not limited to telephone numbers, street addresses, last names, URLs, email addresses, places of employment, or other contact or personally identifying information or other personal information of any person in areas of your Member profile that may be viewed by other Members, users, third parties or the public. You agree that any Content you post or transmit on or through the Service or the GROWLR App to be viewed by other Members may be viewed by any person visiting the GROWLR App or participating in the Service. Any content that you transmit through or post to the Service or the GROWLR App will be considered non-confidential and non-proprietary. By posting to or transmitting content on or through the Service or the GROWLR App, you grant the Company and our affiliates and service providers, and each of their and Company’s respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to any and all content that you transmit through or post to the Service or the GROWLR App and have the right to grant the licenses granted above and otherwise herein to Company and our affiliates and service providers, and each of their and Company’s respective licensees, successors and assigns, and that all such content does and will comply with these Terms of Use. You further understand and acknowledge that you are responsible for any such content you submit, contribute, post to the Service or the GROWLR App or transmit through the Service or the GROWLR App and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. With respect to any content that you post, transmit, submit, send, or otherwise publish on or through the Service or the GROWLR App, Company has the right to:

1. Remove or refuse to post any such content for any or no reason in Company’s sole discretion.

2. Take any action with respect to any such content that Company deems necessary or appropriate in Company’s sole discretion, including but not limited to if Company believes that such content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or Member of the Service or the GROWLR App or any third party, the public or could create liability for the Company.

3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including without limitation their intellectual property rights or their right to privacy.

4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the GROWLR App or any other illegal or unauthorized action.

5. Terminate or suspend your access to all or part of the Service or the GROWLR App for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone transmitting, publishing, or posting any materials on or through the Service or the GROWLR App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, ATTORNEYS, EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, CONTRACTORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, you acknowledge and agree that Company cannot not undertake to review all material before it is posted, published or transmitted on or through the Service or the GROWLR App, and cannot ensure prompt removal of objectionable material after it has been posted, published or transmitted. Accordingly, Company assumes no liability, and you agree that Company shall not be liable, for any action or inaction regarding transmissions, communications or content provided by any user or third party. Company further has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The following standards apply to any and all content that you publish, post, send or transmit through or on the Service or the GROWLR App Such Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, such content must not:

1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy

5. Be likely to deceive any person.

6. Promote any illegal activity, or advocate, promote or assist any unlawful act.

7. Cause annoyance, inconvenience or needless anxiety or be likely to or does upset, embarrass, alarm, harass or annoy any other person.

8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

10. Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.

X. Prohibited Activities.

The Company reserves the right to investigate and/or terminate your membership or right to use the Service or the GROWLR App if you have misused the Service or behaved in a way the Company in its sole discretion regards as inappropriate or unlawful, including but not limited to actions or communications that occur off the GROWLR App but involve or relate to the service or involve Members or users of the Service or individuals that you met through the Service or as a result of your connection to the Service (including any events that you attended or discovered through the Service or that are connected to the Service or its Members. The following is a partial list of the type of actions that you agree not to engage in with respect to or while using or accessing the Service or the GROWLR App. You shall not:

A. impersonate any person or entity.

B. solicit money from any Members.

C. post any Content that is prohibited by Section 9.

D. "stalk" or otherwise harass any person.

E. express or imply that any statements you make are endorsed by the Company without Company’s specific prior written consent.

F. ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.

G. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the GROWLR App, Service or its contents.

H. collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the GROWLR App.

I. interfere with or disrupt the Service or the GROWLR App or the servers or networks connected to the Service or the GROWLR App.

J. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

K. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the GROWLR App or Service (either directly or indirectly through use of third party software).

L. "frame" or "mirror" any part of the Service or the GROWLR App, without the Company's prior written authorization.

M. use meta tags or code or other devices containing any reference to the Company, the GROWLR App or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other GROWLR App for any purpose.

N. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the GROWLR App or any software used on or for the Service or the GROWLR App, or cause others to do so.

O. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the GROWLR App or the Service other than solely in connection with your use of the Service in accordance with this Agreement.

XI. Customer Service.

The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused fees.

XII. Subscriptions; Virtual Currency; Charges on Your Billing Account.

A. The Company bills you for subscriptions and purchased Credits ("Virtual Currency") through an online account (your "Billing Account") for use of the Service. Your Billing Account is charged through an intermediary provider such as iTunes, Google Play, or a similar app store (the “AppStore”). You agree to pay the Company via the applicable AppStore all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge, or cause the AppStore to charge your chosen payment provider (your "Payment Method") for the Service on file with the AppStore per the AppStore’s terms and conditions. You agree to make payment using that selected Payment Method. All billing errors or mistakes must be corrected by the AppStore, and you understand that the Company cannot cause the AppStore to take action. This Section 12 includes any agreements you made with the Company on the GROWLR App when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method, any applicable AppStore terms or contracts that you agreed to, and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion remove any Virtual Currency from your account and/or terminate your account immediately. If the Company or AppStore successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated. You agree to comply with all agreements with and the terms and conditions of the applicable AppStore.

B. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period (where applicable), and again after any subsequent subscription period (where applicable) , your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please follow your AppStore procedures to cancel, currently as follows for iPhone and Android:

Apple Auto Renewal Cancellation:

To cancel your auto renewal, follow the directions below.

1. Go to your iPhone/iPad/iPod settings.

2. Scroll down and tap the iTunes and App Store tab.

3. Tap your Apple ID tab at the top of the page, tap View Apple ID, then enter your password.

4. Scroll down to see your renewing subscriptions.

5. Find GROWLR, and turn the Auto Renewing toggle button off.

Android Auto Renewal Cancellation:

To cancel your auto renewal, follow the directions below:

1. Tap the Play Store icon

2. Search for GROWLR, then tap the corresponding GROWLR entry once it appears

3. Notice that just below the GROWLR headline, you will see your renewing subscription information.

4. You can just tap Cancel here to cancel your auto renewing subscription.

5. If you do not see the information the first time, try following the directions a second time, and make sure you follow them precisely.

6. If You are still unsuccessful, please copy and paste the following link into your browser. This is a direct link to Google Support: https://support.google.com/googleplay/answer/2660277?hl=en

C. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method via the AppStore now and again at the beginning of any subsequent subscription period. You also authorize the Company and/or AppStore to charge you via the AppStore for any sales or similar taxes that may be imposed on your subscription payments.

Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Subscription time without refund or other compensation.

D. When you purchase or receive Virtual Currency products such as Credits you do not own them. Instead, you receive a limited right to use them for eligible services and merchandise on GROWLR such as Shouts and virtual Gifts to other users.

You may use Credits to purchase Gifts for other users. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the GROWLR platform when, as, and if allowed by us. All sales of Gifts are final and we do not offer refunds for any purchased Gifts. We are not responsible for repairing or replacing Gifts, or providing you with any credit or refund in the event that we modify, suspend, or terminate the Gift program, or for loss or damage due to any service error, or any other reason.

E. Purchases of Virtual Currency and Gifts may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency or Gifts at any time, as well as the ways you can use Virtual Currency and Gifts. We reserve the right to revoke or stop issuing Virtual Currency and Gifts at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency and Gifts. Virtual Currency and Gifts may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all accumulated Virtual Currency (Credits, Diamonds, etc.) and Gifts without refund or other compensation. You agree that we will have no liability to you based on our exercise of our rights with respect to Virtual Currency and Gifts.

F. You must provide current, complete and accurate information to us for your Billing Account (whether provided to us through the AppStore, directly to us or otherwise). You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password), and such notification must be sent to the AppStore if your card is stored with the AppStore. Changes to such information can be made through the AppStore by following the AppStore Procedures using the AppStore website or otherwise as directed by the AppStore. If you fail to provide the Company (and AppStore as applicable) any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account as provided herein and as provided pursuant any existing terms agreed upon or in effect with the AppStore.

G. Right to Terminate Subscription: You have the right to terminate (or withdraw from) your subscription within fourteen (14) days of acceptance, for any reason. In addition, where required by law, your estate is entitled to claim a refund of the unused portion of your subscription if you die during the term of the subscription.

In order to exercise either of these rights, you (or, if applicable, your estate) must notify us by registered mail at The Meet Group, Inc., 100 Union Square Drive, New Hope, PA 18938, Attention: Member Services, or by email at support@themeetgroup.com with a clear declaration of your decision to terminate your subscription.

In order to meet the termination deadline, you should send us notification of your exercise of the right of termination prior to the expiration of the fourteen-day termination period.

If you terminate (or withdraw) from your subscription, we will refund the payments we have received from you, minus any amount of Virtual Currency that you have consumed. If you wish to terminate (or withdraw from) your purchase of Virtual Currency, we will refund the payments we have received from you, minus any amount of Virtual Currency that you have consumed. If you are an Android user, we will use the same means of payment that you used for the original transaction. If you are an iOS, personal computer, or mobile web user, we will refund you by paper check or PayPal if you provide the proper contact information to process these payments. In no case will you be charged for this refund.

XIII. Modifications to Service.

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the GROWLR App or the Service (or any part, feature, add-on, or other part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the GROWLR App or the Service, the Company reserve shall have the right (but not the obligation) at any time in its sole discretion to block or restrict your or any member’s, members’, user’s or users’ access from using or accessing the GROWLR App or the Service by any means, including but not limited to by blocking an entire IP address from accessing the GROWLR App or Service.

XIV. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, trade secrets, confidential information, or other proprietary information without obtaining the prior written consent of the owner of such rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the GROWLR App or the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

B. a description of the copyrighted work that you claim has been infringed;

C. a description of where the material that you claim is infringing is located on the GROWLR App or the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a url);

D. your mailing address, telephone number(s) and email address;

E. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at copyright@themeetgroup.com or the following address:

The Meet Group, Inc.
Attn: General Counsel
100 Union Square Drive
New Hope, PA 18938

Please send all notices by trackable commercial mail (e.g. Fedex, UPS) or USPS Certified Mail, return receipt requested to the above address in care of the General Counsel, and please also send notice by email to: copyright@themeetgroup.com.

The Company has the absolute right in its sole discretion to terminate your account or the account(s) of infringers or take any other action, or refrain from taking any action, at its sole discretion.

XV. Communications and Test Profiles.

When you become a Member or user of the GROWLR App or the Service, you agree and consent to receive email messages or other forms of communication from us including but not limited to mail, telephone calls or text messages (including but not limited to sms or mms messages or other digital or mobile messaging services or applications. These emails or communications may be transactional or relationship communications relating to the GROWLR App or the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners. Please see the Company’s Privacy Policy for more information regarding these communications. From time to time, employees of the Company (or its parent or affiliated companies) may create test dating profiles for the purpose of testing the functionality of our Service and GROWLR App processes to improve service quality for our Members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

XVI. Disclaimers.

A. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the GROWLR App or provided in connection with the Service, whether caused by the Company, users or Members, any third party, or any of the equipment or programming associated with or utilized in the GROWLR App or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member or user, or anyone that you met or with whom you became acquainted in whole or part as a result of the GROWLR App or Service or otherwise with whom your connection is related to the GROWLR App or Service; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications or content or personal information; or (v) any problems, failure or technical malfunction of any telephone network lines, cable lines, satellites or other communications systems or networks, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any GROWLR App or in connection with the Service or any combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the GROWLR App or Service, including but not limited to any malicious acts of others (e.g. “hacking”, viruses, Trojan applications, etc.). TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE GROWLR APP AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE GROWLR APP (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE GROWLR APP OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE GROWLR APP OR IN THE SERVICE WILL BE CORRECTED.

B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR GROWLR APP IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR OTHER PROPERTY, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA OR FILES THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR ANY USE OF THE SERVICE OR GROWLR APP. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR GROWLR APP OR USE THE SERVICE OR THE GROWLR APP.

C. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available on the GROWLR App and/or through the Service or otherwise to you by any other means. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE GROWLR APP OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE GROWLR APP OR SERVICE OR COMMUNICATED TO YOU BY COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE GROWLR APP OR SERVICE, PROVIDED TO YOU BY COMPANY, OR TRANSMITTED TO OR BY ANY MEMBERS.

D. In addition to the preceding paragraph and other provisions of this Agreement, any advice, information, suggestions, articles, or other content that may be posted on the GROWLR App or through the Service or otherwise provided to you by the Company is for informational and entertainment purposes only and is not intended to replace or substitute for your own sound judgment or any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person using, relying on or following the information offered or provided within or through the GROWLR App or Service or otherwise provided by the Company. If you have specific concerns or a situation arises in which you require legal, medical, psychiatric, financial, or other professional advice, including but not limited to safety advice, you should consult with an appropriately trained and qualified specialist.

E. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID THE MEET GROUP, INC. FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100) USD.

XVII. Links.

The GROWLR App may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external website or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or other third party resources. Your correspondence or business dealings with, and/or participation in promotions of, third parties found on or through the GROWLR App or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or third-party resource.

XVIII. Limitation on Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS, ADVERTISERS, ADVISORS, ATTORNEYS, AGENTS, OFFICERS, DIRECTORS, TRUSTEES, MEMBERS, OWNERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, CONTRACTORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY OR INJURY TO PROPERTY OR ANY OTHER CLAIM SOUNDING IN THE NATURE OF TORT, BREACH OF AGREEMENT, BREACH OF INTELLECTUAL PROPERTY RIGHTS, CLAIMS IN THE NATURE OF PRIVACY OR INVASION OF PRIVACY, DEFAMATION, FALSE LIGHT, EMOTIONAL DISTRESS OR PUBLICITY, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GROWLR APP OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

XIX. Governing Law and Venue.

Unless prohibited by local law, this Agreement is governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, the Arbitration Agreement of this Agreement (below) shall be governed by the Federal Arbitration Act. Any action to compel arbitration, or challenging the enforceability or applicability of the arbitration provisions herein, must be filed in the federal or state courts of Delaware. Any action filed in any other court shall be transferred to, or dismissed without prejudice for refiling only in, the federal or state courts of Delaware, after removal to the appropriate federal court, if applicable, for determination by the Delaware federal or state court as to whether the action should be stayed pending, or otherwise referred to, arbitration. Any claims that are not referred to arbitration must be adjudicated exclusively in the federal or state courts of Delaware. For such claims, the federal and state courts of Delaware shall have exclusive personal jurisdiction and venue over you and us, and you and we waive any objection based on inconvenient forum. If either party files suit in any court other than the federal or state courts of Delaware, in deciding whether to transfer or dismiss the action, or otherwise give effect to this provision, the court shall apply the standard set forth in Atlantic Marine Construction Co. v. U.S. District Court for the Western District of Texas, 571 U.S. 49 (2013). The parties also agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these terms, or any other private or public consideration.

Nothing in this Agreement is intended to limit a party’s right to seek equitable relief. If the Arbitration Agreement (as set forth below) is held to be unenforceable, you and we agree that any claims or disputes that you or we have against each other must be resolved in the federal or state courts located in Delaware to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction. For the sake of clarity, the choice of Delaware law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.

You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the GROWLR Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XX. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver

Purpose: This section of the Agreement (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and The Meet Group, Inc. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Please read this Arbitration Agreement carefully. It provides that all Disputes between you and The Meet Group, Inc. shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).

For the purpose of this Arbitration Agreement,”Growlr” means the Meet Group, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Growlr regarding any aspect of your relationship with Growlr, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND GROWLR EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.

Pre-Arbitration Dispute Resolution: For all Disputes, you and we must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with us by mailing written notification to The Meet Group, Inc., 100 Union Square Drive, New Hope, PA 18938, USA. That written notification must include (1) your name, (2) your address, (3) your phone number, (4) your email address used to create your Growlr account , (5) a written description of the Dispute, (6) a description of the specific relief you seek, and (7) your personal signature. If Growlr does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. We must commence any Dispute we have with you by sending you a written notification to the email address used to create your Growlr account that includes a written description of the Dispute and a description of the specific relief we seek. If the Dispute is not resolved to our satisfaction within 45 days after you receive our written notification, we may pursue our Dispute in arbitration. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands.

Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Growlr may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. However, this shall not preclude the application of the Mass Filing section below. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of the Mass Filing section below.

In the event of a mass filing (defined in the section titled Mass Filing below), the procedures, fees, and costs described in the Mass Filing section will govern notwithstanding any applicable rule of the arbitration provider to the contrary.

Because your contract with Growlr, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration: The arbitration may be heard in Delaware, as otherwise required by the arbitration provider’s rules, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.

Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Delaware state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Growlr will pay the filing fees for you.

Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in the Mass Filing section below, unless both you and Growlr specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other member or user of the Growlr services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding, except as set forth in the Mass Filing section below.

Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Growlr are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Growlr might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.

Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

Continuation: This Arbitration Agreement shall survive the termination of your contract with Growlr and your use of the Growlr services.

Mass Filing: If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:

  • Acknowledgment of Mass Filing Protocols. If you or we, or you or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
  • Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither you nor MeetMe will be required to pay any such filing fees. You and MeetMe also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
  • Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the remaining claims shall proceed in court unless the parties agree to an alternative procedure. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
  • Arbitration Provider’s Authority to Apply Mass Filing Rules. Notwithstanding this Mass Filing section, if a series of arbitration demands is determined by the arbitration provider not to constitute a Mass Filing pursuant to this Arbitration Agreement, but such demands constitute a mass filing pursuant to the arbitration provider’s mass filing rules, the arbitration provider may apply its mass filing rules, procedures, and fees.
  • Enforcement of Subsection. A Court of competent jurisdiction located in federal or state court in Delaware shall have the power to enforce this Mass Filing section.

Unavailability: If for some reason AAA is not available to administer the arbitration and you live in California, the arbitration will be administered by ADR Services, Inc. pursuant to its then in-effect arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If for some reason AAA is not available to administer the arbitration and you live outside of California, the arbitration will be administered by National Arbitration and Mediation pursuant to its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2021/12/SupplementalRules12.22.21.pdf. If none of these arbitration providers is available, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, the parties will select an alternative arbitral forum, with comparable fees and procedures for mass filings, if applicable. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this arbitration agreement, including those regarding mass filings, if applicable. If no such arbitration provider is available, the dispute shall be resolved in state or federal court in Delaware.

XXI. Indemnity by You.

You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and all litigation costs and expenses incurred by Company in defense of any claim or demand, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any statement, postings or Content that you make, post, transmit, publish or otherwise send or provide on or through the GROWLR App or Service or as a result of the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

XXII. Notices.

The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the GROWLR App or through the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner. To be effective, all notices sent to you by Company pursuant to this Agreement shall be in writing and must be sent to support@growlrapp.com.

XXIII. Entire Agreement; Other.

This Agreement, with the Privacy Policy other referenced or incorporated documents and any specific guidelines or rules referenced and incorporated herein that are separately posted for particular services or offers on the GROWLR App or through the Service, contains the entire agreement between you and the Company regarding the use of the GROWLR App and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that any account that you establish through the GROWLR App or Service is non-transferable and all of your rights to your profile or contents within your account terminate upon your death or otherwise when you no longer use the GROWLR App or Service, terminate your Membership, violate this Agreement, commence an Arbitration or make any legal claims against the Company. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

XXIV. Amendment.

This Agreement is subject to change by the Company at any time. The revised terms will be effective upon posting on the GROWLR App and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.

Please Contact Us with any questions regarding this agreement.

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