California subscribers: You may cancel your membership at any time prior to midnight on the third business day after the day you subscribed, without penalty or obligation. If you subscribed using an External Service (such as Apple ID or Google Play), you must cancel through that service, as detailed in Section 8a. Refunds are handled by Apple, not Fusion of Hearts, if you subscribed using your Apple ID. Apple will refund your purchase if you use your Apple ID account on your phone or go to https://getsupport.apple.com All other users may seek a refund by emailing hello@Fusion of Hearts.co or writing or delivering a signed and dated notification stating that you, the customer, are canceling this agreement, or words to that effect. Include your name, as well as the email address, phone number, or other unique identifier you used to create your account.
To make it simpler for you to read and understand this agreement, we've given quick descriptions at the beginning of each section. The summaries do not take the place of the full text of each part, and you should still read each one in its entirety.
You agree to be bound by this Terms of Use Agreement (the "Terms" or "Agreement"), which includes our Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, by accessing or using Fusion of Hearts’ Services. It is critical that you read this Agreement and these policies and procedures carefully before creating an account.
REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW CAREFULLY. THESE PROVISIONS AFFECT YOUR RIGHTS AND INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AN ARBITRATION AGREEMENT, SMALL CLAIMS COURT ELECTION, CLASS ACTION WAIVER, ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS, AND JURY TRIAL WAIVER.
We may make changes to the Terms at any moment, so monitor this page for updates.
For users in the European Union ("EU"), European Economic Area ("EEA"), the United Kingdom ("UK"), or Switzerland, Fusion of Hearts is operated by MTCH Technology Services Limited ("MTCH Technology"), and for all other users, Fusion of Hearts is operated by Fusion of Hearts, Inc. The terms "Fusion of Hearts," "us," "we," the "Company," and "our" refer to Fusion of Hearts, Inc. and/or MTCH Technology Services Limited, as applicable, under this Agreement. You and Fusion of Hearts may be referred to as the "Parties" together, or as "Party" individually.
You agree to and are bound by this Agreement by accessing or using our Services on letsfeelz.com (the "Website"), the Fusion of Hearts mobile application (the "App"), or any other platforms or services Fusion of Hearts may offer (collectively, the "Service" or our "Services"). Regardless of registration or subscription status, everyone who accesses or uses our Services is bound by this Agreement.
The Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, as well as any additional terms disclosed and agreed to by you when you purchase additional features, products, or services from Fusion of Hearts ("Additional Terms Upon Purchase"), are all incorporated into this Agreement by reference. Do not access or use our Services if you do not agree to be governed by this Agreement.
At any moment, we have the right to alter, amend, or replace the Terms. Any significant changes will be announced on this page, along with an updated effective date. We may notify you of changes to the Terms through email or other methods in specific instances; nonetheless, you are responsible for periodically reviewing this page for any changes. Continuous access or use of our Services represents your continued assent to such modifications, and you will be legally bound by the amended Terms as a consequence. If you do not agree to the changes, you must immediately stop accessing or using our Services.
Make sure you're eligible to utilize Fusion of Hearts’ services before creating an account. This section also explains what you can and can't do with the Services, as well as the permissions you provide Fusion of Hearts.
You are not permitted to register an account or use the Services unless and until all of the following statements are accurate, and by using our Services, you represent and warrant that:
Unless you have our specific written approval to create a new account, you have not previously been removed from our Services or our affiliates' services.
If you fail to satisfy these conditions at any time, your authorization to use our Services or systems will be automatically cancelled, and you must deactivate your account immediately. We reserve the right to remove your access to our services without notice.
You consent to:If you post or share content that violates these Terms ("Prohibited Content"), your account may be suspended or terminated immediately.
It's critical that you understand your rights and obligations in relation to the material on our Services, including any content you contribute or publish. It is completely forbidden for you to publish improper stuff.
You will have access to the following content when using our Services: I content that you upload or supply ("Your Content");
(ii) content that other users upload or give ("Member Content"); and
(iii) content that Fusion of Hearts offers on and through our Services ("Our Content"). All text, photos, video, audio, or other material on our Services, including information on users' profiles and direct conversations between users, is referred to as "content" in this agreement.
Your Content is your responsibility. Don't post anything you wouldn't want others to see, anything that would violate this Agreement, or anything that might put you or us in legal trouble.
You are entirely responsible and accountable for Your Content, and you agree to defend, indemnify, release, and hold us harmless from any claims arising out of Your Content.
You represent and warrant to us that all information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as needed to ensure its accuracy. The content on your individual profile should be relevant to the intended use of our Services. You may not show any personal contact or financial information about yourself or others (for example, names, home addresses or postcodes, phone numbers, email addresses, URLs, credit/debit card or other banking information). You do so at your own risk if you choose to share any personal information about yourself to other users. We advise you to be cautious while revealing personal information online.
Your personal profile will be available to people all around the world, so make sure you're ready to share Your Content before you do. You recognize and accept that other users may read Your Content, and that other users may share Your Content with third parties despite these Terms. You immediately give us a license to use Your Content as stated in Section 7 below by uploading Your Content and representing and warranting to us that you have all required rights and permissions to do so.
You acknowledge and agree that we may monitor or evaluate Your Content, and that we reserve the right, in our sole discretion, to remove, delete, modify, limit, block, or prevent access to any of Your Content at any time. You also acknowledge that we are under no duty to post or evaluate Your Content.
While you will have access to Member Content, it is not yours, and you are not permitted to copy or use it for any purpose other than those set out in these Terms.
On our Services, other users will also share material. Member Content is the property of the user who uploaded it, and it is stored on our servers and shown at the user's request.
You have no rights in regard to Member Content, and you may only use Member Content to the extent that your usage is compatible with our Services' goal of allowing us to interact with and meet one another, unless explicitly approved by Fusion of Hearts. You may not reproduce or utilize Member Content for commercial purposes, spamming, harassing, or making illegal threats. If you misuse Member Content, we retain the right to terminate your account.
All other material on our Services is owned by Fusion of Hearts.
Other language, material, graphics, user interfaces, trademarks, logos, audio, artwork, photographs, and other intellectual property on our Services are owned, controlled, or licensed by us and are protected by copyright, trademark, and other intellectual property law rights. At all times, we retain all rights, title, and interest in and to Our Content.
We offer you a limited license to view and use Our Content as set out in Section 6 below, but we retain all other rights.
On our Services, Fusion of Hearts does not tolerate inappropriate content or behavior.
We are dedicated to fostering a healthy and courteous Fusion of Hearts community, and we will not allow any improper content or behavior, whether on or off the Services (including, but not limited to, on services operated by our affiliates). We strongly urge you to report any improper Member Content or other user activity. You may report a person by clicking "Report" from the three dots in the upper right corner of any profile. You may also report anything by clicking here.
We value confidentiality. You should read our separate policy on the subject.
Please read our Privacy Policy to learn more about how Fusion of Hearts and its affiliates gather, utilize, and share your personal data. You accept that we may use your personal data in line with our Privacy Policy if you use our Services.
Subject to these Terms, Fusion of Hearts offers you the right to use and enjoy our Services.
Fusion of Hearts provides you a personal, global, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Fusion of Hearts and authorized by these Terms and relevant laws for as long as you comply with these Terms. If you do not comply with these Terms, this license and any authorisation to access the Service will be automatically withdrawn.
You retain ownership of all content you send to Fusion of Hearts, but you grant us permission to use it as described in this Agreement.
By creating an account, you grant Fusion of Hearts a royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, reformat, incorporate into other works, advertise, distribute, and otherwise make Your Content available to the general public, in whole or in part, including any information you authorize us to access from Facebook or other third-party sources (if applicable). Fusion of Hearts’ license to Your Content is non-exclusive, except that Fusion of Hearts’ license to derivative works developed via use of our Services is exclusive. Fusion of Hearts, for example, would acquire exclusive rights to screenshots of our Services that contain Your Content.
Furthermore, you allow Fusion of Hearts to intervene on your behalf with respect to infringement uses of Your Content obtained from our Services by other users or third parties, so that Fusion of Hearts can restrict its use outside of our Services. This clearly includes the right, but not the responsibility, to issue notifications on your behalf under 17 U.S.C. 512(c)(3) (i.e., DMCA Takedown Notices) if Your Content is taken and utilized outside of our Services. Fusion of Hearts is not bound to take any action in response to other users' or third-usage party's of Your Content. Your rights under relevant legislation govern Fusion of Hearts’ license to Your Content (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
You agree that we, our affiliates, and our third-party partners may post advertising on our Services in exchange for Fusion of Hearts enabling you to use our Services. By providing Fusion of Hearts with recommendations or feedback about our Services, you accept that Fusion of Hearts may use and disseminate the information for any reason without paying you.
You agree that Fusion of Hearts may access, preserve, and disclose your account information, including Your Content, if required to do so by law or in the good faith belief that such access, preservation, or disclosure is reasonably necessary to: I comply with legal process;
(ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties;
(iv) respond to your customer service requests; or
(v) protect the rights, property, or personal safety of Fusion of Hearts’
Fusion of Hearts will provide you the possibility to purchase items and services. If you buy a subscription, it will automatically renew and charge you until you cancel it.
Fusion of Hearts may sell items and services through iTunes, Google Play, or other Fusion of Hearts-approved external services (each, a "External Service," and any purchases made through it, a "External Service Purchase"). On the Website or inside the App, Fusion of Hearts may offer items and services for purchase by credit card or other payment processors ("Internal Purchases"). If you buy a membership, it will automatically renew until you cancel it, according to the conditions that were revealed to you at the time of purchase, as explained further below. You will have access to your subscription advantages until the end of your membership period, after which it will expire.
Due to the fact that our Services may be used without a subscription, canceling your membership will not remove your profile from our Services. If you want to fully end your membership, follow the instructions in Section 9.
Fusion of Hearts is a worldwide company, and our price varies depending on a variety of circumstances. We regularly offer discount pricing, which vary by area, membership period, bundle size, and other factors. We also test new features and payment methods on a regular basis.
Purchases made through the External Service, including subscriptions, may be handled through the External Service, in which case they must be controlled through your External Service Account. Unless you cancel, your subscription will automatically renew.
When you make a purchase on the Service, you may choose to pay with an External Service, such as your Apple ID or Google Play account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Depending on where you reside and how it changes from time to time, certain External Services may charge you sales tax.
If your External Service Purchase contains an automatically renewing subscription, your External Service Account will be paid for the subscription on a recurring basis until you cancel it. After your first membership commitment term has ended, and any future subscription periods have ended, your subscription will automatically renew for the price and time period you agreed to when you subscribed.
To cancel a subscription, log in to your External Service Account and follow the steps to manage or cancel your subscription, even if you've removed your account with us or the App from your device. If you subscribed with your Apple ID, for example, cancellation is handled by Apple rather than Fusion of Hearts. To cancel an Apple ID purchase, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then identify your Fusion of Hearts subscription and cancel it according to the instructions. You may also go to https://getsupport.apple.com to get help. If you subscribed to Google Play, Google will also manage termination. To cancel a Google Play purchase, open the Google Play app on your mobile device and navigate to Menu > My Apps > Subscriptions, then identify your Fusion of Hearts subscription and cancel according to the instructions. You may also go to https://play.google.com and ask for help. You may utilize the terminated service until the end of your current subscription term if you cancel a subscription. When your current term ends, your subscription will not be renewed.
Fusion of Hearts has the right to immediately cancel your account if you file a chargeback or otherwise reverse a payment made with your External Service Account. Until you terminate your membership through your External Service Account, Fusion of Hearts will keep all monies charged to your External Service Account. Certain customers may be eligible for a refund. For further details, see Section 8d below.
Subscriptions and internal purchases are completed using the Payment Method you designate on the Website or App. Unless you cancel, your subscription will automatically renew.
You agree to pay the rates presented to you for the Services you've chosen, as well as any sales or equivalent taxes that may be levied on your payments (and as may change from time to time), and you permit Fusion of Hearts to charge the payment method you designate (your "Payment Method"). Even if we have previously requested or received payment, Fusion of Hearts has the right to address any billing errors or inaccuracies. Fusion of Hearts may cancel your account immediately in its sole discretion if you file a chargeback or otherwise reverse a payment made with your Payment Method on the premise that you have concluded that you do not want a Fusion of Hearts membership. Please contact Customer Service at hello@Fusion of Hearts.com if your chargeback or other payment reversal is reversed.
If your Internal Purchase contains an automatically renewing subscription, your Payment Method will be paid for the subscription on a regular basis until you cancel it. Your membership will automatically renew for the price and time period you agreed to when you subscribed, unless you cancel it. To cancel a subscription, log in to the Website or App and go to the Settings tool. You may utilize the terminated service until the end of your current subscription term if you cancel a subscription. When your current term ends, your subscription will not be renewed.
To cancel a subscription, go to the Settings page on the Website or App, then click on "Subscriptions" and follow the downgrade steps; or (2) open the Android App and go to the Settings page, then click on Purchases and follow the downgrade instructions. You may utilize the terminated service until the end of your current subscription term if you cancel a subscription. When your current term ends, your subscription will not be renewed.
Using the Settings tool, you can change your Payment Method information. You remain liable for any uncollected amounts and permit us to continue charging the Payment Method, as it may be modified, if a payment is not successfully completed due to expiry, insufficient funds, or other reasons. This may cause your payment billing dates to alter.
Furthermore, you authorize us to obtain from your credit or debit card issuer updated or replacement expiration dates and card numbers for your credit or debit card. The terms of your payment will be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method, and will be based on your Payment Method. Certain customers may be eligible for a refund. For further details, see Section 8d below.
Virtual products are non-refundable and subject to some restrictions.
Fusion of Hearts may offer you the chance to buy a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features like "Boost" ("Virtual Item(s)") from time to time. You can only buy Virtual Items through our Services from us or our approved partners. Virtual Items constitute a limited licensing right regulated by this Agreement, and no title or ownership in or to Virtual Items is being transferred or given to you, unless otherwise forbidden by relevant law. This Agreement does not constitute a sale of any Virtual Item rights.
Any Virtual Item amount displayed in your account is neither a real-world balance or a representation of any stored value, but rather a measurement of the scope of your license. Virtual Items do not have any fees associated with their non-use; nonetheless, the license granted to you in Virtual Items will expire in line with the provisions of this Agreement, on the sooner of Fusion of Hearts ceasing to provide our Services or your account being closed or cancelled.
Fusion of Hearts maintains the right, in its sole discretion, to charge fees for the right to access or use Virtual Items and/or to distribute Virtual Items for free or for a price. Fusion of Hearts reserves the right to manage, regulate, control, change, or remove Virtual Items at any time, including taking steps that may affect the perceived value or purchase price of Virtual Items, if applicable. In the event that Fusion of Hearts exercises any of these rights, Fusion of Hearts will have no obligation to you or any other person. Virtual Items may not be sold, redeemed, or otherwise transferred to any other person or entity. Only our Services can be used to redeem Virtual Items.
ALL VIRTUAL ITEMS PURCHASES AND REDEMPTIONS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE, AND YOU ACKNOWLEDGE THAT FUSION OF HEARTS IS NOT OBLIGATED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER VOL
All purchases are generally nonrefundable. In Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, as well as the EU, EEA, the United Kingdom, and Switzerland, special terms apply.
Except where relevant laws in your country permit for returns, all purchases are final and nonrefundable, and there are no refunds or credits for partly utilized periods.
Subscribers in the EU, EEA, the United Kingdom, and Switzerland:
You are entitled to a full refund within 14 days of the subscription starting, according to local legislation. Please keep in mind that the 14-day term begins when the subscription is activated.
Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin subscribers:
Your Right to Terminate—You may cancel your membership at any time before to midnight on the third business day after the day you subscribed, without penalty or obligation.
If you die before the end of your subscription period, your estate is entitled to a reimbursement of the portion of any payment you made for your membership that is applicable to the time after your death. If you become disabled (i.e., unable to use our Services) before the end of your subscription period, you may request a refund of the portion of any payment you made for your subscription that is allocable to the period following your disability by notifying the Company in the same manner as you request a refund as described below.
Virtual Item purchases are FINAL AND NON-REFUNDABLE.
If any of the aforementioned apply to you and you subscribed with your Apple ID, Apple will handle your refund claims, not Fusion of Hearts. Please contact your External Service directly to obtain a refund; for example, on an Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History to request a refund. You can also request a refund at https://getsupport.apple.com by finding the transaction and selecting "Report a Problem." Please contact Fusion of Hearts Customer Service with your order number (found in your confirmation email) and a signed and dated notice stating that you, the buyer, are canceling this Agreement, or words to that effect. Along with your order number, please give the email address or phone number linked with your account
Here's what you need to know if you no longer want to use our Services or if we cancel your account for any reason.
You may cancel your subscription at any time by login into the App, heading to the "Settings" page, and selecting "Account" (the gear symbol), then following the instructions.
To avoid extra charges, you must cancel or manage any External Service Purchases using your External Service Account (e.g., iTunes, Google Play).
If Fusion of Hearts thinks you have violated these Terms, abused our Services, or behaved in a way that Fusion of Hearts considers improper or unlawful, on or off our Services, Fusion of Hearts retains the right to investigate and, if needed, suspend or cancel your account without a refund. We retain the right to use any personal, technical, legal, or other methods available to enforce the Terms at any time, without responsibility or obligation to provide you with prior notice, including, but not limited to, blocking your access to the Services.
If you or Fusion of Hearts discontinue your account for any reason, these Terms will continue to apply between you and Fusion of Hearts, and you will not be entitled to a refund for any transactions you have made. In compliance with our Privacy Policy, your information will be kept and removed.
Fusion of Hearts does not perform criminal background checks or verify users' identities. When interacting with others, use your best judgment and review our Safety Tips.
FUSION OF HEARTS RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE FUSION OF HEARTS TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREEN ON ITS USERS. FUSION OF HEARTS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS.
USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS.
Fusion of Hearts attempts to promote a respectful user experience, but it is not liable for any user's behavior on or off the Service. You agree to use caution in any contacts with other users, especially if you choose to speak or meet in person outside of the Service.
Fusion of Hearts’ services are provided "as is," and we make no representations about the content or features of our services, and we cannot make any.
FUSION OF HEARTS PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY
FUSION OF HEARTS ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES, NOR DOES FUSION OF HEARTS ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUG
Copyright infringement is taken very seriously by us. We ask for your assistance in ensuring that we address it quickly and effectively.
In accordance with the Digital Millennium Copyright Act (the "DMCA"), Fusion of Hearts has adopted the following policy regarding copyright infringement. If you feel any Member Content or Our Content violates your intellectual property rights, please send us a complaint alleging such infringement ("DMCA Takedown Notice") that includes the following information:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or the subject of infringing activity and that is to be removed or accessed Dallas, Texas 75231, Central Expressway
Repeat infringers' accounts will be terminated by Fusion of Hearts.
Our App, like many subscription-based services, contains advertisements.
Third-party advertising and promotions, as well as connections to other websites or resources, may appear on our Services. Fusion of Hearts’ content may also include non-commercial links or references to third parties. Fusion of Hearts is not responsible for the content or availability (or lack thereof) of any external websites or resources. Furthermore, Fusion of Hearts is not responsible for any products or services supplied by third-party websites or resources, and does not support them. If you choose to interact with third parties made available through our Services, the terms of their connection with you will be governed by their terms. Fusion of Hearts is not responsible or accountable for the terms or behavior of such third parties.
Fusion of Hearts’ responsibility is restricted to the fullest degree permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUSION OF HEARTS, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
Except where prohibited by relevant law, below is how the Parties agree to proceed in the unusual event that we have a legal disagreement.
Subsections 15b, 15c, 15d, and 15e, which do not apply to users located in the EU, EEA, UK, or Switzerland, are among those in this Dispute Resolution Section that are forbidden by law. The European Commission's online dispute resolution mechanism may be found at http://ec.europa.eu/odr. For users resident in the EU, EEA, UK, or Switzerland, Fusion of Hearts does not participate in dispute resolution processes before a consumer arbitration agency.
If you are unhappy with our services for any reason, please contact Fusion of Hearts Customer Service first so that we may try to resolve your problems without the need for outside help. These agreements will apply if you want to pursue a dispute, claim, or controversy against Fusion of Hearts. "Fusion of Hearts" includes our affiliates, employees, licensors, and service providers for the purposes of this Dispute Resolution Process and Arbitration Procedures set out in Section 15.
Fusion of Hearts cherishes its connection with you and recognizes the mutual advantage of settling Disputes informally (as defined below). You agree to provide a comprehensive notification ("Notice") to Match Group Legal, P.O. Box 25458, Dallas, Texas 75225, USA before formally pursuing a Dispute in arbitration or small claims court. If Fusion of Hearts has a Dispute with you, Fusion of Hearts commits to send you a Notice at your most current email address on file with us, or other contact information linked with your account if no email address is on file. Your Notice must include all of the following:
(1) your full name;
(2) information that allows Fusion of Hearts to identify your account, such as a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account, if any; and
(3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of you (if any). To be effective, you must physically sign this Notice. Fusion of Hearts’ Notice must also include a full statement of its Dispute, including the type and facts supporting its claim(s) and the remedy it seeks, as well as an estimate of our damages (if any). You and Fusion of Hearts then agree to negotiate in good faith to settle the Dispute. If Fusion of Hearts requests a telephone conference with you to discuss your Dispute as part of these good faith negotiations, you agree to participate personally, with your attorney if you're represented by counsel. Similarly, if you request a telephone conference with Fusion of Hearts to discuss the Dispute, Fusion of Hearts agrees to send one representative. The Dispute should be resolved as a result of this informal process. You or Fusion of Hearts may initiate arbitration (subject to a Party's right to elect small claims court as provided below) if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period.
This informal dispute resolution must be completed before any demand for arbitration or small claims court action may be filed. Failure to do so is a violation of this contract. While you and Fusion of Hearts engage in this informal dispute resolution procedure, the statute of limitations and any filing fee deadlines will be tolled. The arbitration provider, National Arbitration and Mediation ("NAM"), will not accept or administer any demand for arbitration and will administratively close any arbitration unless the Party bringing the demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction has the ability to enjoin any arbitration or small claims court action and to enforce this clause.
YOU AND FUSION OF HEARTS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT TO THE FULLEST EXTENT PERMITTED BY LAW IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS PROVIDED ABOVE). TO THE FULLEST EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASE.
Except as expressly provided otherwise in this Dispute Resolution Stipulation, any dispute, claim, or controversy between you and Fusion of Hearts (that is not resolved informally by Fusion of Hearts Customer Service or as provided under subsection 15a above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, "Dispute") shall be resolved exclusively through BINDING INDIVIDUAL ARBITRATION. The word "dispute" has the broadest possible meaning under this Agreement, and includes claims that originated before to the existence of this or any prior Agreement, as well as claims that emerge during the duration of this Agreement or after its termination. Regardless of the aforementioned, you or Fusion of Hearts may choose to have a single claim heard in small claims court. The arbitration shall be administratively closed if the request to proceed in small claims court is made after the arbitration has been initiated but before an arbitrator has been appointed. Any disagreements about the small claims court's jurisdiction must be resolved by the small claims court. All other matters (save as expressly stated herein) are decided solely by the Arbitrator, including but not limited to the scope and enforceability of this Dispute Resolution Section, as well as any request to continue in small claims court after an arbitrator has been appointed. If you or Fusion of Hearts file a challenge to the small claims court election in your Dispute, and a court of competent jurisdiction rules that it is unenforceable, the small claims court election will be severed from this Agreement as to your Dispute. However, such a court ruling will not be treated or regarded as binding on Fusion of Hearts’ other contracting partners.
Section 17 must be followed in any court process to enforce this Dispute Resolution Section 15, including any procedure to confirm, amend, or revoke an arbitration judgment. If Dispute Resolution Section 15 is found to be unenforceable for any reason, any litigation against Fusion of Hearts (excluding small claims court cases) must be filed in federal or state courts in Dallas County, Texas. You hereby irrevocably consent to the exercise of personal jurisdiction by those courts over you for these purposes, and you waive any claim that such courts are an inconvenient venue.
This paragraph 15d applies to Disputes that are filed to NAM after completing the informal Notice and Dispute Resolution process outlined in subsection 15a above and where neither Party elects to go to small claims court. Any arbitration between you and Fusion of Hearts will be managed by NAM in accordance with NAM's current Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules"), as updated by this Dispute Resolution Section 15.
The Parties agree that any Arbitrations commenced under this Dispute Resolution Section shall be governed by the following procedures:
1. To begin an arbitration, you or Fusion of Hearts must send to NAM a demand for arbitration ("Demand for Arbitration") that fully explains the claim(s) and seek for relief, in accordance with the terms of this Agreement and the NAM Rules. If you send a Demand for Arbitration to NAM, you must also send it to Fusion of Hearts at Match Group Legal, P.O. Box 25458, Dallas, Texas 75225, USA, within 10 days of receiving it. Within the same 10-day period, if Fusion of Hearts sends you a Demand for Arbitration, we will also send it to your mailing address on file with us. If your mailing address is unavailable, we will send it to your email address on file, or other contact information linked with your account if no email address is on file. Any demand for arbitration that fails to certify in writing that the Party fulfills the standards of Dispute Resolution Section 15 or if either Party elects small claims court as set out above will be administratively closed by the arbitration provider.
2. Fees– Unless the case is part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that
(a) either Party breached Section 15 of this Agreement,
(b) such reallocation is called for under this Agreement, or
(c) reallocation is otherwise permitted under applicable law, all fees shall be governed by the NAM Rules. If you demonstrate financial hardship to Fusion of Hearts, we will consider your good faith request to pay your half of the appropriate consumer component of the filing charge. Fusion of Hearts is dedicated to ensuring that consumer arbitration costs do not act as a deterrent to dispute resolution. We will pay all expenses if Fusion of Hearts seeks arbitration against you.
3. The Arbiter – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as aided by any Process Arbitrator designated under NAM Rules. (The word “Arbitrator” refers to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the place in which you reside. The Arbitrator is obligated by and shall adhere to this Agreement. In the case NAM Rules conflict with this Agreement, the terms of this Agreement shall govern. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement would result in a fundamentally unfair arbitration (the "Unfair Term"), the Arbitrator shall have the authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the "Modified Term"). The Arbitrator shall use a phrase that comes closest to conveying the objective of the Unfair Term when establishing the content of a Modified Term.
4. The Parties agree that the Claim Arbitrator has the power to examine dispositive motions without an oral evidentiary hearing. A Party may request to file a dispositive motion based on the pleadings within 30 days of the Claim Arbitrator's appointment; and (b) no later than 30 days before the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based on the Parties' pleadings and the evidence submitted.
5. Discovery–Each Party may
(a) serve up to five requests for relevant, non-privileged documents from the other Party; and
(b) request that the other Party furnish verified replies to no more than 5 relevant interrogatories (including subparts) (including subparts). Unless the Parties agree differently, no other means of discovery (including depositions) may be employed. Any such discovery requests must be served on the opposite Party within 21 days following the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. If either Party requests that the Claim Arbitrator examine a dispositive motion on the pleadings, the written discovery response timelines will be extended until the Claim Arbitrator's final decision on the dispositive motion, which will be 30 days after the Claim Arbitrator's final decision. Any disagreements over discovery or requests for extensions must be brought to the Claim Arbitrator's attention as soon as possible. The Claim Arbitrator must consider the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defense when deciding on any discovery dispute or extension request.
6. Confidentiality – At either Party's request, the Arbitrator will issue an order requiring that any confidential information disclosed during the arbitration (whether in documents or orally) be used or disclosed only in connection with the arbitration or a proceeding to enforce the arbitration award, and that any permitted court filing of confidential information be done under seal.
7. Hearing Before the Claim Arbitrator — You and Fusion of Hearts are both entitled to a fair evidentiary hearing (i.e. trial). Trials and other judicial proceedings are usually more complicated, expensive, and time-consuming than arbitration proceedings. Unless a Party requests an oral hearing within 10 days of the Respondent filing a response, the Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree. If an oral evidentiary hearing is required, both Parties must be personally present at the hearing, regardless of whether either Party has employed counsel. Both Parties must personally attend the hearing. Either Party’s refusal to personally attend the hearing, without a continuance issued by the Claim Arbitrator for good reason, shall result in a default judgment rendered against that Party.
8. The Claim Arbitrator must make a reasoned conclusion in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or additional statements are submitted, regardless of the structure of the arbitration. The decision must state the type of relief granted, if any, as well as a brief statement of the reasons for the award. The arbitration award is solely enforceable between you and Fusion of Hearts, and it will have no bearing on any subsequent arbitration or procedure involving a different Party. However, the Claim Arbitrator has the option of considering decisions from prior arbitrations involving a different Party. Fees and expenses may be awarded by the Arbitrator in accordance with the NAM Rules or to the extent that they might be awarded in court. This includes, but is not limited to, the Arbitrator's power to impose fees and costs if the Arbitrator finds a claim or defense to be frivolous or made for an inappropriate purpose, harassment, or in bad faith.
9. Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the decision is in the opposing Party's favor and is less than the Respondent's settlement offer, the opposing Party must pay the Respondent's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or caselaw prohibits the claimant from recouping costs incurred in the arbitration, the offer in this section will serve to stop the claimant from accruing any costs for the cause of action for which it is suing.
10. If, at any time, the same or coordinated counsel or entities assert 25 or more similar demands for arbitration against Fusion of Hearts or related parties ("Mass Filing"), the additional protocols set forth below shall apply, consistent with the definition and criteria of Mass Filings set forth in the NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms
i. If you or your counsel make a Demand for Arbitration that falls under the above-mentioned definition of Mass Filing, you accept that your Demand for Arbitration will be subject to the extra protocols outlined in this Mass Filing subsection. You further accept that the resolution of your Dispute may be delayed, and that any relevant statutes of limitations will be tolled from the moment the first cases are selected for a bellwether hearing until your case is selected for a bellwether process.
ii. NAM’s Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM’s Mass Filing Rules and related fee schedule must be made by either you or Fusion of Hearts in writing and submitted to NAM and all Parties.
iii. The Bellwether Conference. When there are several conflicts involving comparable claims against the same or related parties, courts and arbitration administrators promote bellwether cases. In a first set of bellwether proceedings, counsel for the Mass Filings claimants (including you) and counsel for Fusion of Hearts will each select 15 Demands for Arbitration (30 total), and no more than 30 arbitrations will be filed, processed, adjudicated, or pending at the same time, each presided over by a different Claim Arbitrator. Other Demands for arbitration that are part of the Mass Filings may not be submitted, processed, adjudicated, or pending at this period. If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings has been arbitrated or otherwise resolved, then counsel for the Claimants and counsel for Fusion of Hearts will each select an additional 15 Demands for Arbitration (30) to be filed, processed, and adjudicated as individual arbitrations in a second set of bellwether proceedings, with each of the 30 arbitrations presided over by a different Claim Arbitrator. Other Demands for Arbitration that are part of the Mass Filings may not be filed, processed, or judged at this period. This phased process of bellwether procedures will continue until each Demand contained in the Mass Filings (including your Demand for Arbitration) is adjudicated or otherwise settled, with each batch of 30 Demands for Arbitration adjudicated on an individual basis. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by Fusion of Hearts and the claimants (including you), will be due only after your Demand for Arbitration has been selected as part of a set of bellwether proceedings and thus properly designated for filing, processing, and adjudication. Any applicable statute of limitations shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings’ Demands for Arbitration are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is decided, withdrawn, or is settled. This paragraph may be enforced by a court of competent jurisdiction located in a venue permitted under Section 17 of the Agreement.
iv. You and Fusion of Hearts both agree that the integrity and efficiency of the arbitration and small claims court processes are important to us, and that we want to use them to resolve true and honest issues between us. You and Fusion of Hearts recognise and agree to act in good faith to ensure that genuine and sincere Disputes are fairly resolved. The Parties additionally agree that use of these Mass Filings processes have been properly designed to result in an expedient and fair adjudication of such matters.
This Dispute Resolution Section 15 applies to any Disputes between the Parties, including for any claims that accrued against you or Fusion of Hearts prior to the time of your permission to this Agreement and to any claims that accrue against you or Fusion of Hearts after your consent to this Agreement. You may opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against Fusion of Hearts before to the time of your assent to this Agreement, notwithstanding any provision in this Agreement to the contrary. You may opt out by providing us written notification to the following email address: OptOut@Fusion of Hearts.co within 30 days of the time you assent to this Agreement. Please do not send customer service concerns to OptOut@Fusion of Hearts.co, since they will not be answered; instead, contact customer service at hello@Fusion of Hearts.co. You must submit sufficient information to identify your account(s), such as the email address or phone number connected with your account(s), as well as a declaration indicating you are opting out of the Dispute Resolution Section 15's retroactive applicability. Please note that even if you choose not to have this Dispute Resolution Section 15 apply retroactively, you will still be bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. In addition, regardless of whether you opt out of the amendments taking effect retroactively, the Parties will settle any claims brought against you or Fusion of Hearts after your agreement to this Agreement in accordance with this Dispute Resolution Section.
Texas law and the Federal Arbitration Act will apply to any Dispute (unless where prohibited by law) (except where prohibited by law).
To the maximum extent permissible by law, the laws of U.S.A., without respect to its conflict of laws rules, shall apply to any Dispute arising out of or connected to this Agreement or our Services. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in the jurisdiction where you resided at the time you accepted this Agreement for users residing outside of the United States. Regardless of the above, the Federal Arbitration Act governs the Dispute Resolution Process outlined in Section 15.
Any claims that are not arbitrated for any reason must be litigated in USA to the fullest extent permitted by law (except for claims filed in small claims court, or for users residing in the EU, EEA, UK or Switzerland or another jurisdiction where prohibited by law).
Except where prohibited by law, including for users residing in the EU, EEA, UK, or Switzerland, who may bring claims in their home country in accordance with applicable law, and except for claims heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, our Services, or your relationship with Fusion of Hearts that are not required to be arbitrated or filed in small claims court for whatever reason will be heard in a small claims court.
You agree to indemnify Fusion of Hearts if a claim is filed against Fusion of Hearts due to your activities.
You agree to indemnify, defend, and hold harmless Fusion of Hearts, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, arising out of or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breech of this Agreement, to the extent permitted by applicable law.
You agree to the terms of this agreement by using our services.
You agree to be governed by I these Terms, which we may alter from time to time, (ii) our Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, and (iii) any Additional Terms Upon Purchase by using our Services, whether through a mobile device, mobile application, or computer. You are not permitted to use our Services if you do not accept and agree to be bound by all of the conditions of this Agreement.
As the identification of the entities or individuals referred to requires, all pronouns and variants thereof should be understood to refer to the masculine, feminine, neuter, single, or plural.
Any prior agreements or representations are superseded by this Agreement.
These Terms, together with the Privacy Policy, Cookie Policy, Member Principles, and Safety Dating Advice, as well as any Additional Terms Upon Purchase, constitute the complete agreement between you and Fusion of Hearts for the use of our Services. The Terms supersede all prior written or oral agreements, representations, and arrangements between us. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The omission of the Company to assert or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Unless otherwise authorized by law, you agree that your Fusion of Hearts account is non-transferable and that all of your rights to your account and its content expire upon your death. You may not transfer or assign any of your rights or licenses provided hereunder, but we may do so without limitation. As a consequence of these Terms, no agency, partnership, joint venture, fiduciary, or other special relationship or employment is formed, and you may not make any statements on behalf of or bind Fusion of Hearts in any way.
Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin have their own set of rules.
Subscribers in New York should read the following:The Services do not guarantee a specific number of "referrals"—rather, the functionality of the Services allows the subscriber to view as many profiles as he or she wants;
Upon notification in writing and addressed to Match Group Legal, P.O. Box25472, Dallas, Texas 75225, USA, subscribers may place their membership on hold for up to one year;
How your information is used and how you may access your information is set forth in our Privacy Policy;
The New York Dating Service Consumer Bill of Rights may be found here.
For subscribers live in North Carolina:The North Carolina Buyer's Rights may be found here.
Subscribers in Illinois, New York, North Carolina, and Ohio will receive:If you feel you have relocated outside of an area where we provide the Services, please contact Match Group Legal, P.O. Box 25472, Dallas, Texas 75225, USA, in writing, and we will work with you to provide alternate services or a refund.
Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin subscribers:
Your Right to Terminate—You may cancel your membership at any time before to midnight on the third business day after the day you subscribed, without penalty or obligation.
If you die before the end of your subscription period, your estate is entitled to a reimbursement of the portion of any payment you made for your membership that is applicable to the time after your death. If you become disabled (i.e., unable to use our Services) before the end of your subscription period, you may request a refund of the portion of any payment you made for your subscription that is allocable to the period after your disability by notifying the Company in the same manner as you request a refund as described in Section 8.