Terms and Conditions

April 15, 2025

Introduction

Welcome! You’ve arrived at a website operated by Dear Me (“Dear Me,” “we,” “us,” or “our”). These Terms and Conditions of Service (“Terms”) govern your access to and use of https://dearme.us (including, without limitation, both desktop and mobile versions of our website and any associated online store), as well as your interaction with all features, content, services, downloads, and applications that link to these Terms (collectively, the “Site”).

By accessing or using the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy, including the collection and use of your personal data as described therein. You also consent to Dear Me modifying or configuring your device settings when necessary to enhance or enable your use of the Site.

Please read these Terms carefully. Each time you access or use the Site (beyond simply reading these Terms), you agree to follow and be bound by these Terms and any additional terms, rules, or policies that may apply to specific areas of the Site or to products or services offered (collectively, “Additional Terms”). If you do not agree to these Terms, you may not use the Site.

The business realities of operating this Site require these Terms to include provisions like your agreement to arbitration, limitations of liability, and your waiver of certain rights. Without these provisions, we would not be able to make the Site available to you.

In certain cases, Additional Terms (such as product-specific guidelines, promotional rules, or shipping policies) may apply alongside these Terms. If there is a conflict between these Terms and any Additional Terms, the Additional Terms will take precedence unless otherwise stated.

1. Site Content, Ownership, Limited License, and Rights of Others

a) Content The Site contains a variety of: (i) materials and other content related to Dear Me, including our products, mission, brand assets, and similar items from our licensors and third parties—such as layouts, information, blog posts, text, data, files, images, designs, graphics, icons, illustrations, photographs, audio clips, music, sounds, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Site, and the arrangement and compilation of these materials (including source and object code); (ii) trademarks, logos, service marks, trade dress, and other brand identifiers (collectively, “Trademarks”); and (iii) other intellectual property (all of the above collectively referred to as “Content”).

b) Ownership The Site (including past, present, and future versions) and all Content are owned or controlled by Dear Me, our licensors, and certain third parties. All rights, title, and interest in and to the Content available through the Site are the property of Dear Me or our licensors or partners, and are protected under United States and international copyright, trademark, and other intellectual property laws. Dear Me also owns the copyright in the compilation, arrangement, and enhancement of the Site’s Content.

c) Limited License Subject to your compliance with these Terms and any applicable Additional Terms, Dear Me grants you a limited, non-exclusive, revocable, non-transferable, and non-assignable personal license to temporarily download, view, use, and print one copy of the Content (excluding source or object code, unless expressly permitted) on your personal computer, mobile phone, tablet, or other Internet-enabled device (“Device”) for personal, non-commercial use only. This license does not grant you ownership or any other intellectual property rights. We may suspend or revoke this license at any time, for any reason, without prior notice. In some cases, you may be granted broader rights to use specific Content through Additional Terms.

d) Rights of Others When using the Site, you must respect the intellectual property and legal rights of Dear Me, our partners, and third parties. Unauthorized use of any Content may violate copyright, trademark, privacy, publicity, or communications laws and could result in personal liability, including potential criminal liability.

2. Site and Content Use Restrictions

a) Site Use Restrictions. You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the Site that seek to, attempt to or do harm to any individuals or entities, or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Dear Me; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Dear Me, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including Personal Data of other users of the Site, including email addresses, without the express consent of Dear Me and of such users); (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.


b) Content Use Restrictions. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of Dear Me or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.

c) Availability of Site and Content. Dear Me may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them), in whole or in part, for any reason, in Dear Me’s sole discretion, and without advance notice or liability.

d) Reservation of All Rights Not Granted as to Content and Site. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Dear Me and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.

3) Opening and Terminating Accounts

The Site’s practices resulting in the collection and use of your Personal Data as part of account registration or further use of the Site are carried out in accordance with our Privacy Policy. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Site or submit personal information to us.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other rights of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password-protected portion of the Site using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. If you would like to close your Site account, please contact us at hello@dearme.us and include “Account Closure Request” in the subject line and provide us with the full name and email address associated with your account.

4. Terms Applicable for Purchases

a) Generally.

To purchase any products or services in the Dear Me online store, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence. Prior to the purchase of any products or services, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the date of expiration, and (iv) any activation numbers or codes needed to charge your card. By submitting that information to us or our third-party credit card processor, you hereby authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service that you order on the Site, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. Dear Me will automatically bill your credit card or other forms of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

b) Methods of Payment, Credit Card Terms and Taxes.

All payments must be made by Visa, MasterCard, Discover or American Express. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You hereby represent and warrant that you will not use any credit card or other forms of payment unless you have all necessary legal authorization to do so. YOU, AND NOT DEAR ME, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Dear Me of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Dear Me does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Dear Me or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Dear Me shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

c) Return Policy.

All sales are final. We do not accept returns, exchanges, or refunds. Please note, Dear Me reserves the right to refuse any return requests.

In the unlikely event that a product arrives damaged or not as described, please contact us at hello@dearme.us within 14 days of delivery. Replacements may be issued for damaged items at our discretion. Please note, Dear Me is not responsible for packages marked as delivered by the carrier but not received.

For issues related to missing items or shipping problems, please refer to our Returns page for complete instructions and additional support.

d) Order Acceptance Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Dear Me reserves the right at any time after receipt of your order to accept or decline your order for any reason. Dear Me further reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted upon shipment of products that you have ordered. We may require additional verifications or information before accepting any order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the canceled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with Dear Me has been effected until you receive a confirmation from us via email or the Site. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your account was received.

e) No Responsibility to Sell Mislabeled Products.

We do our best to describe every item, product or service offered on this Site as accurately as possible. However, we do not warrant that specifications or pricing on the Site are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, Dear Me shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from Dear Me is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

f) Modifications to Prices or Billing Terms.

The purchase of products and services on the Site is subject to availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. DEAR ME RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

g) Membership Subscriptions.

This Site may offer you the option to sign up for a subscription plan (the “Subscription Plan”). Additional information about the various Subscription Plans, including terms and pricing, will be made available on the Site, as applicable.

You may purchase the Subscription Plan online using any major credit card (unless other payment terms are agreed). The amounts charged to such credit card are shown at the time of the transaction. Subscription Plans will auto-renew at the end of the subscription period unless you terminate your subscription.

Purchases of membership subscriptions on the Site are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable right to use, even if such came with a durational term (e.g., a monthly subscription). We may change our prices at any time without notice to you. However, the rights attaching to a Subscription Plan you have purchased do not change if there is a price change after your purchase date. Any further purchases will be at the revised price.

We use a secure third-party service provider (e.g. Stripe) to process all payments you make to us. You agree and acknowledge that Dear Me is not a payment card processor and does not process payment card transactions and only relays information generated in connection with your payment processing to processors. You should read and understand the terms on which that service provider accepts and processes that payment, a link to which is provided to you as part of the purchase process. By transacting on the Site, you are taken to have read and accepted those terms. We are not responsible to you for any breach of those terms by that service provider.

If we suspend or terminate any usage subscriptions, then you will forfeit the suspended or terminated subscription or items, except as may be set forth in any Additional Terms (such as any refund policies that may apply to a subscription service). Likewise, except as may be set forth in any Additional Terms or as required by applicable law, we are under no obligation to provide you any credit or refund or any other sum, in the event of our modification of any usage subscriptions, or for loss or damage due to error, or any other reason.

h) Promotional Codes.

Using a promotional or discount code on the Site is subject to rules and regulations set forth. A promo code cannot be used in combination with another promo code. Gift sets, bundles and other items with a value already associated are not eligible for purchase with a discount code.

5. Content You Submit and Community Usage Rules

a. User-Generated Content.

(i) General.

Dear Me may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, text, images, graphics, comments, sounds, videos, reviews, data, suggestions, or other content (collectively, “User-Generated Content”). Subject to the license granted, you retain rights to your content but remain responsible for it.

(ii) Non-Confidentiality.

User-Generated Content is non-confidential and will not be returned. Dear Me does not assume any obligation to you or any third party regarding your submissions. Please do not send proprietary or sensitive ideas as they may be publicly viewable and used under the granted license.

(iii) License to Dear Me.

By submitting content, you grant Dear Me a perpetual, irrevocable, royalty-free, worldwide license to use, modify, display, distribute, and sublicense your User-Generated Content in any form or media for any purpose. You also grant the right to use your name and likeness in connection with your content. You waive any moral rights in such content.

(iv) Exclusive Right to Manage Content.

Dear Me has the sole discretion to monitor, modify, or remove User-Generated Content without notice. We are not obligated to maintain or provide access to any submitted content.

(v) Your Responsibilities.

You represent and warrant that you own or have all rights to your User-Generated Content and that it complies with all applicable laws and does not infringe on the rights of any third party.

(vi) Enforcement.

We may act on content we believe violates these Terms or the rights of others. We are not required to enforce your rights, but you grant us permission to do so in our name if needed.

b. Community Usage Rules.

  • User-Generated Content must be original or properly licensed.
  • Only share images or videos of yourself or those who have given permission.
  • All activity must be respectful and appropriate for all users.
  • No commercial, political, illegal, or infringing content.
  • Be truthful—do not impersonate others or submit misleading content.
  • Remember, content in Community areas may be public.
  • Do not post others’ private information without permission.
  • Content must not contain malicious code or damage the Site.
(ii) Interactions With Others.

You are responsible for your interactions with other users. Dear Me is not liable for user conduct and may or may not intervene in disputes.

5. Content You Submit and Community Usage Rules

a. User-Generated Content.

(i) General.

Dear Me may now or in the future offer users of the Site the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site (collectively, “submit”) messages, text, images, graphics, comments, sounds, videos, reviews, data, suggestions, or other content (collectively, “User-Generated Content”). Subject to the license granted, you retain rights to your content but remain responsible for it.

(ii) Non-Confidentiality.

User-Generated Content is non-confidential and will not be returned. Dear Me does not assume any obligation to you or any third party regarding your submissions. Please do not send proprietary or sensitive ideas as they may be publicly viewable and used under the granted license.

(iii) License to Dear Me.

By submitting content, you grant Dear Me a perpetual, irrevocable, royalty-free, worldwide license to use, modify, display, distribute, and sublicense your User-Generated Content in any form or media for any purpose. You also grant the right to use your name and likeness in connection with your content. You waive any moral rights in such content.

(iv) Exclusive Right to Manage Content.

Dear Me has the sole discretion to monitor, modify, or remove User-Generated Content without notice. We are not obligated to maintain or provide access to any submitted content.

(v) Your Responsibilities.

You represent and warrant that you own or have all rights to your User-Generated Content and that it complies with all applicable laws and does not infringe on the rights of any third party.

(vi) Enforcement.

We may act on content we believe violates these Terms or the rights of others. We are not required to enforce your rights, but you grant us permission to do so in our name if needed.

b. Community Usage Rules.

  • User-Generated Content must be original or properly licensed.
  • Only share images or videos of yourself or those who have given permission.
  • All activity must be respectful and appropriate for all users.
  • No commercial, political, illegal, or infringing content.
  • Be truthful—do not impersonate others or submit misleading content.
  • Remember, content in Community areas may be public.
  • Do not post others’ private information without permission.
  • Content must not contain malicious code or damage the Site.
(ii) Interactions With Others.

You are responsible for your interactions with other users. Dear Me is not liable for user conduct and may or may not intervene in disputes.

6. Procedure For Alleging Copyright Infringement

a) DMCA Notice

Dear Me will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice that includes all of the following:

  1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
  2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
  4. your full name, address, telephone number and e-mail address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  7. your electronic or physical signature.

Dear Me will only respond to DMCA Notices that it receives by e-mail below:

By Email: hello@dearme.us

It is often difficult to determine if your copyright has been infringed. Dear Me may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Dear Me may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Dear Me’s other rights, Dear Me may, in appropriate circumstances, terminate a repeat infringer’s access to the Site and any other website owned or operated by Dear Me. See Section 3, above.

b) Counter-Notification

If access on the Site to a work that you submitted to Dear Me is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  1. a legend or subject line that says: “DMCA Counter-Notification”;
  2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Site from which the material was removed or access to it disabled);
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. your full name, address, telephone number, e-mail address, and the username of your account;
  5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
  6. your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Site.

You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

7. Procedure For Alleging Infringement of Other Intellectual Property

If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth above that includes all of the following:

  1. a legend or subject line that says: “Intellectual Property Infringement Notice”;
  2. a description of the intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
  4. your full name, address, telephone number and e-mail address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
  7. your electronic or physical signature.

We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to Dear Me with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

8. Notices, Questions and Customer Service

You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; and (ii) we may contact you by mail or email sent to the address provided by you. You agree to promptly notify us if you change your email or mailing address by updating your account information.

If you have a question regarding using the Site, you may contact us here. You acknowledge that the provision of customer support is at Dear Me’s sole discretion and that we have no obligation to provide you with customer support of any kind.

9. Links by You to the Site

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with Dear Me or cause any other confusion; and (c) the links and the content on your website do not portray Dear Me or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Dear Me. Dear Me reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

10. Linked-To Websites; Advertisements; Dealings with Third Parties

a) Linked Sites; Advertisements.

The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Dear Me. Dear Me may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and Dear Me does not assume any obligation to review any Linked Sites. Dear Me does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Dear Me is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, Dear Me will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites. Dear Me disclaims all liability in connection therewith.

b) Dealings with Third Parties.

Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Dear Me disclaims all liability in connection therewith.

11. Wireless & Location Based Features and Other Telephonic Communications

a) Wireless Features.

The Site may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Site’s features and upload content to the Site, receive messages from the Site, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

b) Terms of Wireless Features.

You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site for Wireless Features, then you agree to notify Dear Me of any changes to your wireless contact information (including phone number) and update your accounts on the Site to reflect the changes.

c) Location-Based Features.

If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location will be tracked and may be shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other products exist today that may be used specifically for these purposes.

d) Call Recording and Monitoring.

You acknowledge that telephone calls to or from Dear Me may be monitored and recorded and you agree to such monitoring and recording.

e) Providing Telephone Numbers and Other Contact Information.

You verify that any contact information provided to Dear Me, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should you change any of your contact information, including telephone numbers, you agree to notify us before the change goes into effect by email at hello@dearme.us.

f) Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s) to Dear Me, you expressly agree to receive prerecorded voice messages and/or autodialed calls and text messages from us related to our promotions, products, any transaction with us, and/or your relationship with Dear Me. These telephone calls and text messages may include, for example but not by way of limitation, promotional offers and changes to your account. You agree to receive calls and text messages from us even if you cancel your account or terminate your relationship with us, except if you opt-out, as provided below. Consent to receive promotional automated calls/texts is not a condition of purchasing any goods or services. These calls or text messages may be made even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that Dear Me is not responsible for these charges.

g) Opt-Out Instructions.

You may opt-out of automated calls or text messages at any time. To opt-out of text messages, text STOP to any text message you receive. For help, text HELP. You acknowledge and agree to accept a final text message confirming your opt-out. We may use different shortcodes for different messaging purposes, so texting STOP to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, text STOP to each shortcode to which you would like to unsubscribe. To opt-out of automated telephone calls (but not text messages), you must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, and the specific phone number(s) for which you wish to cease telephonic communications; and (iii) send this written notice to Dear Me, 1922 Backowski Ave, Clovis, CA 93611, or send an email to hello@dearme.us. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or texts, we reserve the right to make non-automated calls to you relating to your account, any transaction, or your relationship with us. Your obligations under this Section will survive termination of these Terms.

It is possible that a third-party or affiliate may have purchased your contact information and thus you may continue to receive communications from those third-parties. Dear Me is not responsible for stopping all unwanted contact from sources beyond our immediate control. Please contact those third-parties directly to inform them of your contact preferences.

h) Indemnification.

You agree to indemnify Dear Me for any privacy, tort, or other claims or potential claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

12. Dispute Resolution

Certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Dear Me agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 12 can only be amended by mutual agreement.

a) First – Try to Resolve Disputes and Excluded Disputes.

If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Dear Me’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution. Our notice to you will be sent to your most recent contact information. Your notice must be sent to: Dear Me, 1922 Backowski Ave, Clovis, CA 93611 (Attn: Legal Department).

For a period of sixty (60) days from the date of receipt of notice from the other party, Dear Me and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either party to resolve the Dispute or Excluded Dispute on terms they are not comfortable with.

b) Binding Arbitration.

If we cannot resolve a Dispute as set forth above within sixty (60) days, then ANY AND ALL DISPUTES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES DISPUTES BASED ON PRODUCTS, SERVICES OR ADVERTISING CONNECTED TO THE SITE.

The Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. By agreeing to arbitration, both parties waive the right to go to court. The arbitration will follow the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, administered by the AAA. If an in-person arbitration is needed, it will occur in your metropolitan statistical area. Fees will be paid per applicable arbitration rules, or Dear Me may choose to cover necessary costs.

The arbitrator will follow these Terms and applicable law and will only issue a reasoned award to the individual seeking relief. Issues regarding the enforceability of this arbitration provision are for the court to decide. You can obtain AAA procedures at www.adr.org or by calling 800.778.7879.

c) Limited Time to File Claims.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST COMMENCE ANY DISPUTE WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT WILL BE FOREVER BARRED. Commencement may mean sending a notice, filing for arbitration, or filing in court, depending on the situation.

d) Injunctive Relief.

This section does not limit Dear Me’s right to seek injunctions or equitable relief in connection with the Site, Content, or intellectual property rights.

e) No Class Action Matters.

YOU AND DEAR ME AGREE TO ONLY BRING CLAIMS INDIVIDUALLY, NOT IN A CLASS OR REPRESENTATIVE CAPACITY. If a court finds this restriction unenforceable, then the agreement to arbitrate does not apply and disputes must be resolved in court. Only a court can determine the enforceability of this waiver.

f) Federal and State Courts in California.

Except where arbitration applies, or for enforcement of arbitration decisions, any action must be brought in state or Federal court in Los Angeles County, California. You consent to this jurisdiction.

g) Small Claims Exception.

Either party may bring qualifying Disputes (not Excluded Disputes) in small claims court.

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Dear Me and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Dear Me Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

  • (a) the Site (including the Content and the User-Generated Content);
  • (b) the functions, features, or any other elements on, or made accessible through, the Site;
  • (c) any products, services, or instructions offered or referenced at or linked through the Site;
  • (d) security associated with the transmission of your User-Generated Content transmitted to Dear Me via the Site;
  • (e) whether the Site or the servers that make the Site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
  • (f) whether the information (including any instructions) on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
  • (g) whether any defects to or errors on the Site will be repaired or corrected;
  • (h) whether your access to the Site will be uninterrupted;
  • (i) whether the Site will be available at any particular time or location; and
  • (j) whether your use of the Site is lawful in any particular jurisdiction.

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A DEAR ME PARTY, DEAR ME PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

14. LIMITATIONS OF OUR LIABILITY

UNDER NO CIRCUMSTANCES WILL ANY DEAR ME PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

  • (a) the Site (including the Content and the User-Generated Content);
  • (b) your use of or inability to use the Site, or the performance of the Site;
  • (c) any action taken in connection with an investigation by Dear Me Parties or law enforcement authorities regarding your access to or use of the Site;
  • (d) any action taken in connection with copyright or other intellectual property owners or other rights owners;
  • (e) any errors or omissions in the Site’s technical operation; or
  • (f) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Dear Me Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEAR ME PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID DEAR ME IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.

15. Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY DEAR ME (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF DEAR ME.

16. Updates to Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of service and any applicable Additional Terms each time you use the Site (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable Additional Terms) that applied when you previously used the Site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your account and the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or Additional Terms by discontinuing use of the Site and related services.

17. General Provisions

a) Dear Me’s Consent or Approval.

As to any provision in these Terms or any Additional Terms that grants Dear Me a right of consent or approval, or permits Dear Me to exercise a right in its “sole discretion,” Dear Me may exercise that right in its sole and absolute discretion. No Dear Me consent or approval may be deemed to have been granted by Dear Me without being in writing and signed by an officer of Dear Me.

b) Applicable Law.

These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with, the laws of the State of California, without regard to its conflicts of law provisions.

c) Indemnity.

You agree to, and you hereby, defend, indemnify, and hold Dear Me Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Dear Me Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with your use of the Site, your User-Generated Content, or your violation of these Terms or any applicable law.

d) Operation of Site; Availability of Products and Services; International Issues.

Dear Me controls and operates the Site from its offices in the U.S.A., and makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are responsible for compliance with applicable local laws. The Site may describe products and services available only in the U.S.A. Dear Me may limit availability of the Site and content at any time, without notice.

e) Export Controls.

Software from the Site may be subject to U.S. export controls. You agree to comply with all such controls and will not export or re-export the software to any restricted country or individual.

f) Severability; Interpretation.

If any provision of these Terms is found to be invalid or unenforceable, the remainder will remain in full force. Wherever “including” is used, it will be deemed to mean “including, without limitation.”

g) Communications.

By communicating with us electronically, you consent to receive such communications and agree that they satisfy any legal requirement that communications be in writing.

h) Investigations; Cooperation with Law Enforcement; Termination; Survival.

Dear Me may investigate and take legal action regarding any suspected violation of these Terms, and may terminate or suspend your access to the Site without notice. Your obligations will survive any termination of these Terms or the Site.

i) Assignment.

Dear Me may assign its rights under these Terms without notice to you. You may not assign your rights without prior written consent.

j) No Waiver.

No delay or failure to enforce any provision shall constitute a waiver unless in writing signed by the waiving party.

k) U.S. Government Restricted Rights.

The Site is provided as “commercial items” subject to restricted rights. Any use, reproduction, or disclosure by the U.S. Government shall be governed solely by these Terms.

l) California Consumer Rights and Notices.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, CA 95814, or by phone at (916) 445-1254. Website: www.dca.ca.gov.

m) Connectivity.

You are responsible for obtaining and maintaining all Devices, software, and services necessary for accessing and using the Site, including all related charges.

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