Terms and Conditions

This online personal service (the “Service”) is a way for adults to meet each other to use our

services. Jiva is owned and operated by Jivacite whose principal office is located at Maryland, USA (the “Company”). In this document, wherever applicable, “We,” “Us,” “Our,” “Jivacite.com” or

“Company” is used interchangeably.

This Terms of Service is an agreement (“Agreement”) made between You and Us. This Agreement is subject to amendments from time to time and applies to all users of the Company’s websites (the “Websites”). We will use “You,” “Your,” or “Yourself” interchangeably.

You may not use the Service if you are under the age of 18 or you are not able to form legally binding contracts. Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a Company member (a “Member” or “Subscriber”), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member or use the Service. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE.

1. ELIGIBILITY:

1. Minimum Age. You must be at least 18 years old to use the site or to register for the

 Services. By signing up and registering, you represent and warrant that You have the right,

 authority and capacity to enter into this Agreement and to abide by the terms and conditions

 of this Agreement.

2. USE OF THE SERVICE

1. Exclusive Use. Your account is for your personal use only. You may not authorize others to

 use your account, and you may not assign or otherwise transfer your account to any other

 person or entity. You acknowledge that Jivacite.com is not responsible for third party access

 to your account that results from theft or misappropriation of your usernames and

 passwords.

2. Information Submitted. You are solely responsible for, and assume all liability regarding, (i)

 the information and content you contribute to the Service; and (ii) the information and content

 you post, transmit, publish, or otherwise make available (hereinafter “post”) through the

 Services.

3. Risk Assumption and Precautions. You assume all risk when using the Services, including

 but not limited to all the risks associated with any online or offline transactions.

4. Reporting of Violations. You will promptly report to Jivacite.com any violation of the

 Agreement by others, including but not limited to, Registered Users.

5. Content Removal. Jivacite .com reserves the right, but has no obligation, to monitor the

 information or material you submit to the Services or post in the public areas of the

 Services. Jivacite .com will have the right to remove any such information or material that in

 its sole opinion violates or may violate any applicable law or either the letter or spirit of this

 Agreement or upon the request of any third party.

6. No False Information. You will not provide inaccurate, misleading or false information

 to Jivacite.com or to any other user. If information provided to Jivacite.com or another user

 subsequently becomes inaccurate, misleading or false, you will promptly notify Jivacite

 .com of such change.

7. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or

 sell any products or services through the Site or Services.

8. No Harassment of Jivacite .com Employees or Agents. You will not harass, annoy, intimidate

 or threaten any Jivacite .com employees or agents engaged in providing any portion of the

 Services to you.

9. Social Media. We may provide you the option to connect your Jivacite.com account to your

 account on some social networking sites (such as Facebook) for the 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 site

 and will use such information in compliance with our Privacy Policy. By connecting

 your Jivacite .com account to your account on any social networking site, you hereby consent

 to the continuous release of information about you to Jivacite .com. We will not send any of

 your Jivacite .com account information to the connected social networking site without first

 disclosing that to you. You can always disconnect the accounts via your Jivacite .com Account

 Settings page. Each social network may further allow you to set privacy controls around your

 information on their system, and Jivacite.coms collection of information will always follow such

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

 us and each social networking site involved, and therefore the available features and shared

 information are subject to change without notice to you.

3. PROPRIETARY RIGHTS.

1. Ownership of Proprietary Information. You hereby acknowledge and agree that Jivacite .com is the owner of highly valuable proprietary information, including

without limitation, the protected Service and other provisions by Us (collectively,

“Confidential Information”). Jivacite .com owns and hereby retains all proprietary rights

in the Services and the Site, including but not limited to, all Confidential Information.

2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of,

or reproduce in any way any (i) Confidential Information or (ii) other copyrighted

material, trademarks, or other proprietary information accessible via the Services,

without first obtaining the prior written consent of the owner of such proprietary rights.

3. Other Users’ Information. Other Registered Users may post copyrighted information,

 which has copyright protection whether it is identified as copyrighted. You agree that

 you will not copy, modify, publish, transmit, distribute, perform, display, commercially

 use, or sell any Jivacite .com or third-party proprietary information available via the

 Services or the Site.

4. License to Posted or Accessed Content. By posting information or content to any pages or public area of the Services, or making it accessible to us by linking

your Jivacite .com account to any of your social network accounts (e.g. via Facebook),

you automatically grant, and you represent and warrant that you have the right to grant,

to Jivacite .com and its users, an irrevocable, perpetual, non-exclusive, fully-paid,

worldwide license to use, reproduce, publicly perform, publicly display and distribute

such information and content, and to prepare derivative works of, or incorporate into

other works, such information and content, and to grant and authorize sub-licenses of

the foregoing. From time to time, we may create, test or implement new features or

programs on the Site in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.

4. USER INFORMATION.

1. Privacy Statement. For information about the collection and possible use of information and

 material provided by you, please click on Jivacite.com’s Privacy Statement located on the

 Site. By using the Site or the Services, you are consenting to the terms of Jivacite.

com’s Privacy Statement.

2. Disclosure by Law. You acknowledge and agree that Jivacite.com may disclose information

 you provide if required to do so by law, at the request of a third party, or if we, in our sole

 discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders

 from law enforcement, or any legal process (whether or not such disclosure is required by

 applicable law); (2) protect or defend Jivacite .coms, or a third party’s, rights or property; or

 (3) protect someone’s health or safety, such as when harm or violence against any person

 (including the user) is threatened.

3. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or

 the Privacy Statement, Jivacite .com reserves the right, but has no obligation, to disclose any

 information that you submit to the Services, if in its sole opinion, Jivacite .com suspects or has

 reason to suspect, that the information involves a party who may be the victim of abuse in any

 form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect,

 or domestic violence. Information may be disclosed to authorities that Jivacite .com, in its sole

 discretion, deems appropriate to handle such disclosure. Appropriate authorities may include,

 without limitation, law enforcement agencies, child protection agencies, or court officials. You

 hereby acknowledge and agree that Jivacite .com is permitted to make such disclosure.

4. Use of Anonymous Information for Research. By using the Services, you agree to

 allow Jivacite .com to anonymously use the information from you and your experiences

 through the Services to continue Jivacite.com’s research into successful relationships and to

 improve the Services. This research, conducted by research scientists, may be published in

 academic journals. However, all your responses will be anonymous, and we will not publish

 research containing your personal identifying information.

5. Disclaimer of Warranty.

1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY

 APPLICABLE LAW. Jivacite .com PROVIDES THE SERVICES ON AN “AS IS” AND “AS

 AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER

 EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES

 OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY

 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

 PURPOSE OR NON-INFRINGEMENT. Jivacite .com DOES NOT WARRANT THAT YOUR

 USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE,

 ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE

 SERVICES WILL BE CORRECTED.Jivacite.com DISCLAIMS LIABILITY FOR, AND NO

 WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF

 THE SERVICES.

2. Third Party Content. Opinions, advice, statements, offers, or other information or content made

 available through the Services, but not directly by Jivacite .com, are those of their respective

 authors, and should not necessarily be relied upon. Such authors are solely responsible for

 such content. Jivacite.com. DOES NOT: (i) GUARANTEE THE ACCURACY,

 COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE

 SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE

 ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY

 PARTY OTHER THAN Jivacite .com. UNDER NO CIRCUMSTANCES WILL Jivacite .COM

 BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S

 RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR

 TRANSMITTED TO OR BY ANY USERS.

6. Limitation of Liability.

1. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY

 APPLICABLE LAW, IN NO EVENT WILL Jivacite .com BE LIABLE FOR ANY INCIDENTAL,

 SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING

 TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION,

 DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE

 INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Jivacite

 .com KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO

 THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO

 CIRCUMSTANCES WILL Jivacite.com’s AGGREGATE LIABILITY, IN ANY FORM OF

 ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE

 SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR,

 IF YOU HAVE NOT PAIDJivacite.com FOR THE USE OF ANY SERVICES, THE AMOUNT

 OF US$25.00 OR ITS EQUIVALENT.

2. No Liability for non-Jivacite.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY

 APPLICABLE LAW, IN NO EVENT WILL Jivacite.com BE LIABLE FOR ANY DAMAGES

 WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY,

 CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE

 CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE

 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL

 DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS

 WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS,

 LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE

 REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM

 YOU.

3. Information Verification.Jivacite.com and its contractors may use various ways of verifying

 information that users have provided. However, none of those ways are perfect, and you agree

 thatJivacite.com and its contractors will have no liability to you arising from any incorrectly

 verified information.

7. Indemnification.

You agree to indemnify, defend and hold harmless Jivacite.com, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Site or Services, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Jivacite.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jivacite.com in asserting any available defenses.

8. Complaints / Law Enforcement Contact.

To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the FAQ tab on the menu bar of the Jivacite.com website or e-mail us by clicking support@Jivacite.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Jivacite.com via facsimile at (888) 492-3284. All other communication or inquiries sent to this facsimile number will be discarded.

9. Communication and Privacy.

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.

10. Term and Termination.

This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Jivacite.com may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Jivacite.com reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees or costs then paid to Jivacite.com by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Cancellations” below, or by sending a notice of cancellation to: Jivacite.com,

11. Cancellations.

1. Cancellation at Any Time. Except as otherwise stated in this section, you may cancel your

 registration or subscription to any Services at any time during the term of such registration or

 subscription or any renewal period by accessing the “Account Settings” page and providing

 the information requested.

2. Cancellation as a Result of Death or Disability. If by reason of death or disability you are unable

 to receive all Services for which you contracted, you or your estate may elect to be relieved of

 the obligation to make payments for services other than those received before death or the

 onset of disability.

i. If you have prepaid any amount for the Service, so much of the amount prepaid that is

 allocable to services that you have not received will be promptly refunded to you or

 your representative.

ii. “Disability” means a condition which precludes you from physically using the Service

 during the term of disability and the condition is verified in writing by a physician

 designated and remunerated by you. Written verification from the physician must be

 presented to Jivacite.com.

12. Arbitration

1. Arbitration of Disputes. You and Jivacite.com agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of Jivacite.com (a

“Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section,

and may only be resolved through an individual arbitration governed by the Federal Arbitration

Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement

to arbitrate Disputes are claims of infringement or misappropriation of Jivacite .com’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Jivacite .com may elect to have resolved by means other than arbitration. Notwithstanding the above, Jivacite .com is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND Jivacite .com AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

2. No Class Actions. YOU AND Jivacite .com ACKNOWLEDGE THAT NEITHER OF US WILL

 BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN

 CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor

 Jivacite .com agrees to class arbitration or any arbitration where a person brings a dispute as

 a representative of other person(s).

3. Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the

 arbitration of Disputes will be administered by the American Arbitration Association (AAA), a

 non-profit organization not affiliated with Jivacite .com, in accordance with its Commercial

 Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures

 for Consumer-Related Disputes. You can find further details about the arbitration procedure

 by clicking sending an email to support@comsystek.com.

4. Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any

 court of competent jurisdiction.

5. Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the

 contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed

 within one (1) year after the date in which the incident giving rise to the Dispute occurred.

 Failure to file an arbitration claim as described above within the applicable limitations period

 constitutes a waiver of such claim and serves as complete bar to any claim based on any

 Dispute.

13. General Provisions.

1. Right to Seek Injunction. Violation of this Agreement may cause Jivacite .com irreparable

 harm, and therefore agree that Jivacite .com will be entitled to seek extraordinary relief in

 court, including but not limited to temporary restraining orders, preliminary injunctions and

 permanent injunctions without the necessity of posting a bond or other security, in addition to

 and without prejudice to any other rights or remedies that Jivacite .com may have for a breach

 of this Agreement.

2. Miscellaneous. This Agreement, which you accept upon registration for the Services,

 the Privacy Statement located on the Site, and any applicable payment, additional Services

 terms, comprise the entire agreement between you and Jivacite .com regarding the use of this

 Service, superseding any prior agreements between you and Jivacite .com related to your use

 of this Site or Services (including, but not limited to, any prior versions of this Agreement). The

 FAQ’s found on the Services are for informational purposes only and are not deemed to be

 part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive

 termination of your registration to the Service. The failure of Jivacite .com to exercise or

 enforce any right or provision of this Agreement does not constitute a waiver of such right or

 provision. If any provision of this Agreement is held invalid, the remainder of this Agreement

 will continue in full force and effect. The section titles in this Agreement are for convenience

 only and have no legal or contractual effect.