terms and

conditions of

service

This is a legal agreement ("Agreement") between you and eHarmony, Inc., a Delaware

corporation ("eharmony", “us”, “our”, or “we”), which may be contacted at P.O. Box 241810,

“Services”). By using any of the Services, you agree to, and are bound by, these terms and

conditions of service of this Agreement (including the Privacy Policy) for as long as you

continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS

AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain

Services may be subject to additional terms, and such terms will be either listed in this

Agreement or will be presented to you for your acceptance when you sign up to use such

Services and which are incorporated into and form part of this Agreement.

The eharmony Services consist of the following, without limitation: a Service for single

people seeking romantic relationships (the “Singles Service”), a content Service such as

This Agreement is subject to change by eharmony in its sole discretion at any time.

We will notify you of any such changes by posting an updated version of the

Agreement on this page. Your continued use of the Services after the posting of

revisions to this Agreement will constitute your acceptance of such revisions. Please

consult the end of this Agreement to determine when the Agreement was last revised.

1. Eligibility

2. Use of the Services

3. Proprietary Rights

9. Complaints / Law Enforcement Contact

10. Communication and Privacy

11. Term and Termination

12. Cancellations and Account Holds

13. **RENEWALS**

14. Governing Law & Venue

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

16. General Provisions

17. Digital Millennium Copyright Act Notice

18. Revision Date

EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A

PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND

BY THIS CONTRACT. TO CANCEL THIS AGREEMENT, YOU CAN EMAIL

TELEGRAM, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR

WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT TO EHARMONY, INC.,

ATTN: CANCELLATIONS, P.O. BOX 241810, LOS ANGELES, CA 90024 USA. PLEASE

INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR EHARMONY ACCOUNT IN THIS

NOTICE.

you may not register to use or use the Singles Service.

you represent and warrant that you have never been convicted of a felony (or other

indictable offense) and/or are not required to register as a sex offender with any

government entity. EHARMONY DOES NOT CURRENTLY CONDUCT CRIMINAL

BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by

applicable law, eharmony reserves the right to conduct any criminal background checks, at

any time and using available public records, to confirm your compliance with this

subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE

ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.

at no cost (“Basic Membership”). Once you have registered by providing preliminary

information (including email address and password), you will be asked to answer a

scientifically-based Compatibility Quiz which has been structured by reference to specific

psychological criteria. The results of the Compatibility Quiz as well as comprehensive

statistical comparative data

personality profile. Your personality profile will then be integrated into the eharmony

database. Once in our database, your personality profile is (through an automated process)

matched up to the profiles of other eharmony members, which enables eharmony to

Basic member, you will only be able to view blurred versions of your matches’ profile

photos. However, you may be able to see an unblurred version of your matches’ primary

profile photo in some instances, at our discretion. As a Basic member, you may send an

unlimited number of predefined communications (for example, a smile) to your matches

subject to the terms of this Agreement; however, you will only have a limited ability to send

and read personalized messages. Please note that we may limit the number of predefined

communications that you can send if required to protect our members and to secure our

Service as further set out in this Agreement. As a Basic member, you will not receive a copy

of your personality profile, but you may purchase a PDF copy of the personality profile at

the price listed on the Service at the time of purchase.

see unblurred match photos (primary and any additional photos), contact and initiate

communication with matches (including video chat), conduct searches for matches based

on specific criteria and respond to matches’ communications without restriction (including

video chat). Please note that we may still limit the number of communications that you can

send if required to protect our members and to secure our Service as further set out in this

Agreement. eharmony will also provide each Premium member his or her personality

profiles as a PDF file by email.

fee. All prices listed by us on the Service are offered in the displayed currency and exclude

(e.g., via credit card, debit card, or PayPal account number). You agree that all information

that you provide to us will be accurate, complete and current. You further agree that our

payment processing service provider(s) may store and communicate with your financial

institution via a “network token” (a unique personal identifier used only for billing

purposes) to facilitate your payments. For more information about tokenization, please see

our payment processor’s explanation on its website. You agree to pay all valid charges

incurred by you or any other user of your account (including all installment payments

and/or fees, if applicable), any applicable taxes on your purchase, and/or any additional

fees for the use of any payment mechanism or account connected to your eharmony

subscription, including any processing charges relating to your subscriptions. If a

scheduled payment using the billing account or credit or debit card associated with your

subscription is attempted and declined for any reason, our payment processor will

automatically reschedule the payment until the amount due is paid in full. If these attempts

fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer,

we will notify you via email using the email address associated with your account, and we

may suspend or terminate your subscription until any outstanding payments are

successfully processed. However, you acknowledge and agree that we may first attempt to

obtain updated billing information, including but not necessarily limited to credit or debit

card numbers and/or expiration date information from your card issuer, and that we will

update this information in your account and use such information to process future

your Apple ID or Google account (each, a “Non-eharmony Service”) and use the Application

and Canada. However, please note that eharmony also provides the ability to register for

the Services in certain other countries, and you may search for and receive matches from

members located in such countries. eharmony reserves the right to not provide or stop

providing the Services in any jurisdiction at any time in its sole discretion. You will only use

the Services in a manner consistent with this Agreement and any and all applicable local,

state, national and international laws and regulations, including, but not limited to, United

States export control laws. By using the Services, you represent that you have not been

designated by the United States government as a "Specially Designated National" or other

person to whom the provisions of the Services are prohibited, and that you are not located

ix. promotes or solicits involvement in or support of a political platform, religion,

cult, or sect;

x. disseminates another person's personal information without his or her

permission, or collects or solicits another person's personal information for

commercial or unlawful purposes;

chain letters, junk or spam e-mail to other users or other unsolicited commercial messages.

Further, you will not use any information obtained from the Services in order to contact,

advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the

terms of this subsection and send or post unsolicited bulk email, "spam" or other

unsolicited communications of any kind through the Services, you acknowledge that you

will have caused substantial harm to eharmony. To the extent permissible under applicable

law, as a reasonable estimation of such harm, you agree to pay eharmony $50 USD for each

such unsolicited communication you send through the Services.

only one unique profile. In addition, your use of the Singles Service must be for bona fide

example, you may not become a Registered User solely to compile a report of compatible

singles in your area, or to write a school research paper). Not all registered users are

available for matching. From time to time, eharmony may create test profiles in order to

monitor the operation of the Services.

purpose of logging in, uploading information or enabling certain features on the Service.

When enabling this feature, we will disclose to you the information we collect from the

connected social networking website, and will use such information in compliance with our

Privacy Policy. By connecting your eharmony account to your account on any social

networking website, you hereby consent to the continuous release of information about

you to eharmony. We will not send any of your eharmony account information to the

connected social networking website without first disclosing that to you. Each social

network may further allow you to set privacy controls around your information on their

system, and eharmony’s collection of information will always follow such controls and

permissions. This feature is subject to continuous change and improvement by us and each

trade secrets of eharmony and you will treat the following as our trade secrets to the extent

they have not been made public by us: (i) all source code, data and configuration files

within or comprising our Services or used to receive content from, or deliver content to the

Services, and all documentation relating thereto; (ii) all financial information relating to

eharmony or its affiliates; and (iii) all Service plans of eharmony or its affiliates. By

consenting to the terms of this Agreement, you acknowledge and agree that such

information has independent economic value due to it not being generally known or

available to others, and that eharmony takes reasonable measures to protect the

represent that you will not, engage in any activity, assist any third party in engaging in any

activity, or attempt in any way, or assist any third party in attempting in any way, to: (v)

reason, without explanation, effective upon sending written notice to the other party.

Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and

providing the information requested. In such case, your subscription will terminate at the

end of the subscription term for which you have paid, and you will not receive any refund

for any unused days of such subscription term. If you purchase a subscription on an

installment payment basis (such as three-part pay), cancellation will not affect your

obligation to pay the total contractual amount due on your subscription and your account,

credit card, or other payment method will continue to be charged the scheduled payments

until the remaining balance is paid in full.

membership purchased through a Non-eharmony Service, you must access your

Noneharmony Service account and follow the cancellation prompts for each service. The

current cancellation process for Apple requires you to access the Settings option on your

Subscriptions. You can then click on your eharmony subscription and cancel as instructed.

To cancel a membership purchased through Google, the current cancellation process

Island and Wisconsin

REGARDING THE PREMIUM MEMBERSHIP, YOU, THE BUYER, MAY CANCEL THE

AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO

MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,

EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A

PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND

BY THIS CONTRACT. TO CANCEL THIS AGREEMENT, YOU CAN EMAIL

TELEGRAM, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR

NOTICE.

Membership, the day that you successfully purchased a subscription will be the date of this

Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days

after eharmony's receipt of your written cancellation notice.

Please note that eharmony cannot directly process refunds for purchases made through Apple via

the iOS application. Please contact Apple regarding cancellation requests for subscriptions

purchased through the iOS application

.

unable to receive the full Premium Membership for which you contracted, you or your

i. If you have prepaid any amount for a Premium Membership, so much of the

i. "Disability" means a condition which precludes you from physically using the

Premium Membership during the term of disability and the condition is

Membership contract for a period of six (6) months at no additional charge

to you in lieu of cancellation.

i. eharmony does not guarantee a certain number of matches will be delivered

to you as part of a Premium Membership. You will receive all your available

matches upon successful registration and completion of the Compatibility

Quiz, and eharmony will continue to add additional matches as they become

available during the term of your subscription.

ii. You may pause your Premium Membership for up to one (1) year by

IN ORDER TO PROVIDE CONTINUOUS SERVICE, EHARMONY AUTOMATICALLY RENEWS

ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS

EXPIRE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT

TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE

THE PURCHASE OF YOUR SUBSCRIPTION UPON CONFIRMATION OF PURCHASE, AND AS

OTHERWISE REQUIRED IN YOUR JURISDICTION.. BY ENTERING INTO THIS AGREEMENT,

YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-

DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE

NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE

Unless prohibited by local law, this Agreement is governed by the laws of the State of

California, without giving effect to any principles of conflicts of laws. Notwithstanding the

foregoing, Section 15 of this Agreement shall be governed by the Federal Arbitration Act.

Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any

time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable,

you agree that any claims or disputes that you have against us must be resolved in the

federal or state courts located in Los Angeles, CA to the extent permissible by applicable

and Jury Trial Waiver.

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 eharmony 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 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

eharmony, 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 EHARMONY 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

include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a

description of the specific relief you seek. If eharmony does not resolve the Dispute to your

satisfaction within 45 days after it receives your written notification, you may pursue your

Dispute in arbitration.

resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or eharmony

(“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. 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

Because your contract with eharmony, 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.

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,

and expenses upon your written request given prior to the commencement of the

arbitration. You are responsible for all additional fees and costs that you incur in the

arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may

be awarded as provided pursuant to applicable law. In addition to any rights to recover

fees and costs under applicable law, if you provide notice and negotiate in good faith with

eharmony as provided in the section above titled “Pre-Arbitration Dispute Resolution” and

the arbitrator concludes that you are the prevailing party in the arbitration, you will be

entitled to recover from eharmony your actual and reasonable attorney’s fees and costs as

determined by the arbitrator.