Cayman Singles, Ltd.
This is a legal agreement (“Agreement”) between you and Cayman Singles, Ltd., a Cayman corporation (“Cayman Singles”), which may be contacted at 10 Market St. #334, Camana Bay, Grand Cayman, Cayman Islands, KY1-9006. By accessing the Cayman Singles web site, currently located at www.arubasingles.com (the “Site”), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR 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.
The Cayman Singles services consist of the following, without limitation: a service for single people (“Singles Service”), interactive content and community services such as Cayman Singles Dating Advice (“Content Services”), any premium services offered by or on behalf of Cayman Singles (“Premium Services”) (collectively, the “Services”). Cayman Singles may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Cayman Singles also reserves the right to cease offering any of the Services at any time.
This Agreement is subject to change by Cayman Singles in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or 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.
a. Minimum Age.You must be at least 18 years old to use the Site or to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
b. Marital Status.By requesting to use, registering to use, or using the Singles Service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Singles Service.
c. Criminal History.By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity in any other countries. CAYMAN SINGLES DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Cayman Singles reserves the right to conduct any criminal background check, 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.
d. Meeting Matching System Criteria.The Singles Service requires your completion of the Member Profile, along with Cayman Singles’ ability to find good matches for you. Occasionally, the Cayman Singles matching system cannot identify high quality compatible matches for a given individual, in which case the Singles Service cannot be provided.
2. Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
a. 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 Cayman Singles is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
b. Geographic Limitations.The Site and Services are intended for use in the Cayman Islands. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, district, national and international laws and regulations, including, but not limited to, Cayman Islands export control laws. By using the Services, you represent that you have not been designated by the Cayman Islands government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in your jurisdiction
c. Information Submitted.You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services. In addition to sharing your information with your matches, we may allow your matches to share your profile information with members of their social network(s).
d. Risk Assumption and Precautions.You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Singles Service. In addition, you agree to review and follow the recommendations set forth in Cayman Singles’ Safety Tips, which is available at the bottom of all pages of the Singles Service.
e. No Guarantees.Cayman Singles may not be able to provide matches for everyone seeking to use its services. Further, Cayman Singles makes no guarantees as to the number or frequency of matches through the Singles Service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that Cayman Singles makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.
f. Reporting of Violations.You will promptly report to Cayman Singles any violation of the Agreement by others, including but not limited to, Registered Users.
g. Content Removal.Cayman Singles 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. Cayman Singles 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. Cayman Singles further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site.
h. Posting and Communication Restrictions.You will not post on the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
v. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
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;
xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xiii. solicits gambling or engages in any gambling or similar activity;
xiv. uses scripts, bots or other automated technology to access the Site or Services;
xv. uses the Site or Services for chain letter, junk mail or spam e-mails;
xvi. collects or solicits personal information about anyone under 18; or
xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
In addition to the above, postings on the Content Services currently known as Cayman Singles Advice (“Advice”) will follow the Advice Community Standards , in addition to the terms of this Agreement.
i. No False Information.You will not provide inaccurate, misleading or false information to Cayman Singles or to any other user. If information provided to Cayman Singles or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Cayman Singles of such change.
j. 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. You may not transmit any chain letters, junk or spam e-mail to other users. 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 Cayman Singles, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Cayman Singles $50CI for each such unsolicited communication you send through the Services.
k. Unique and Bona Fide Profile.As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for 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, Cayman Singles may create test profiles in order to monitor the operation of the Services.
l. Selection of Profiles.From time to time, your profile may be selected to introduce you to specific compatible matches, in which case we may offer you a limited complimentary subscription (if you are not already a subscriber) in order to enable you to meet such specific match(es). You will be under no obligation to accept such complimentary subscription or to meet with or communicate with the match(es) we may introduce to you.
m. No Harassment of Cayman Singles Employees or Agents.You will not harass, annoy, intimidate or threaten any Cayman Singles employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights.
a. Ownership of Proprietary Information.You hereby acknowledge and agree that Cayman Singles is the owner of highly valuable proprietary information, including without limitation, the compatibility matching system, compatibility profiles, and membership profile questions (collectively, “Confidential Information”). Cayman Singles owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
b. 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.
c. Other Users’ Information.Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Cayman Singles or third party proprietary information available via the Services or the Site.
d. License to Posted or Accessed Content.By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Cayman Singles account to any of your social network accounts (e.g. via Facebook Connect), you automatically grant, and you represent and warrant that you have the right to grant, to Cayman Singles 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.
b. No Contact Information.You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third party website, or other contact information in the “About Me” section of the Singles Service or in any other communications you may have with other users.
c. Disclosure by Law.You acknowledge and agree that Cayman Singles 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 Cayman Singles’, 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.
e. Use of Anonymous Information for Research.By using the Services, you agree to allow Cayman Singles to anonymously use the information from you and your experiences through the Services to continue Cayman Singles’ research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
6. Disclaimer of Warranty.
a. No Warranties.THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CAYMAN SINGLES 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. CAYMAN SINGLES 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. CAYMAN SINGLES DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Third Party Content.Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Cayman Singles, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CAYMAN SINGLES 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 CAYMAN SINGLES. UNDER NO CIRCUMSTANCES WILL CAYMAN SINGLES 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.
c. Beta Features.From time to time, Cayman Singles may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Cayman Singles’ sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability.
a. Incidental Damages and Aggregate Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAYMAN SINGLES 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 CAYMAN SINGLES KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CAYMAN SINGLES’ 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 PAID CAYMAN SINGLES FOR THE USE OF ANY SERVICES, THE AMOUNT OF CI$25.00 OR ITS EQUIVALENT.
b. No Liability for non-Cayman Singles Actions.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAYMAN SINGLES 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 OR MEETINGS 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.
c. Information Verification.Cayman Singles and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Cayman Singles and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless Cayman Singles, 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) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Cayman Singles 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 Cayman Singles in asserting any available defenses.
9. Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the FAQ link located at the bottom of any page of the Cayman Singles website, or e-mail us by clicking here . Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Cayman Singles via email at firstname.lastname@example.org.
10. Communication and Privacy.
11. 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 Cayman Singles may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Cayman Singles 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 then paid to Cayman Singles 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: Cayman Singles, Ltd., Attn: Cancellations, 10 Market Street #334, Camana Bay, Grand Cayman, Cayman Islands, KY1-9006. Following any termination of any Registered User’s use of the Singles Service, Cayman Singles reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
a. Cancellation At Any Time With No Refund.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 under the “My Settings” option on your membership home page, clicking on “Cancel My Subscription” or “Close Account” 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.
b. 3-Day Cancellation.Regarding the Singles Service, 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. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice under this Section shall be sent to Cayman Singles, Ltd., Attn:Cancellations, 10 Market Street #334, Camana Bay, Grand Cayman, Cayman Islands, KY1-9006. Please include the e-mail address associated with your Cayman Singles account in this notice. For Singles Services, the day that you submit a completed subscription form will be the date of this Agreement. Any refunds under this 3-day cancellation policy will be made within 10 days after Cayman Singles’ receipt of your cancellation notice.
c. Cancellation As a Result of Death or Disability.If by reason of death or disability you are unable to receive all Singles 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, except as provided in subsection (iii).
i. If you have prepaid any amount for the Singles 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 Singles 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 Cayman Singles.
iii. If the physician determines that the duration of the disability will be less than six (6) months, Cayman Singles may extend the term of the Single Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
In order to provide continuous service, Cayman Singles automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under “Cancellation At Any Time With No Refund” above.
14. Specific Terms Controlling the Premium Services.
Use of the Premium Services shall be subject to the additional terms and conditions found here.
15. Arbitration Agreement & Class Action Waiver.
a. Purpose:This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Cayman Singles. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and Cayman Singles 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 applicable law)
For the purpose of this Arbitration Agreement, “Cayman Singles” means Cayman Singles, Ltd. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Cayman Singles regarding any aspect of your relationship with Cayman Singles, 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 clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b. Pre-Arbitration Dispute Resolution:For all Disputes you must first give Cayman Singles an opportunity to resolve the Dispute. You must commence this process by mailing written notification to 10 Market Street #334, Camana Bay, Grand Cayman, Cayman Islands, KY1-9006. That written notification must 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 Cayman Singles does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
c. Arbitration Procedures:If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Cayman Singles may initiate arbitration proceedings. The Cayman Islands Association of Mediators and Arbitrators (“CIAMA”), http://ciama.ky/, will be contacted to obtain an arbitrator from one of various law firms on island to arbitrate all Disputes. 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.
This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e. Location of Arbitration:You may initiate arbitration in Grand Cayman, Cayman Islands that includes the address you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Cayman Singles initiates an arbitration, it may only do so in Grand Cayman that includes the address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
f. Payment of Arbitration Fees and Costs:Cayman Singles will pay all arbitration filing fees and arbitrator’s costs 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 Cayman Singles 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 Cayman Singles your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
g. Class Action Waiver:The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Cayman Singles specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of Cayman Singles and/or user of Cayman Singles services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
h. Limitation of Procedural Rights:You understand and agree that, by entering into this Arbitration Agreement, you and Cayman Singles are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Cayman Singles might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i. Severability:If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
j. Continuation:This Arbitration Agreement shall survive the termination of your contract with Cayman Singles and your use of Cayman Singles services.
16. General Provisions.
a. Right to Seek Injunction.Violation of this Agreement may cause Cayman Singles irreparable harm, and therefore agree that Cayman Singles 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 Cayman Singles may have for a breach of this Agreement.
17. Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Cayman Singles’ copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit Cayman Singles to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Designated Copyright Agent
Cayman Singles, Ltd.
10 Market Street #334, Camana Bay, Grand Cayman, Cayman Islands, KY1-9006
email@example.com (only DMCA notices will be accepted at this email address. All other inquiries or requests will be discarded)
18. Revision Date.
This Agreement was last revised on 26 June, 2016.
Copyright © 2016 Cayman Singles, Ltd. All Rights Reserved. CAYMAN SINGLES, and several other marks, colors, and images are registered and common law trademarks of Cayman Singles, Ltd. Other trademarks and brands are the property of their respective owners.
© 2016 Cayman Singles, Ltd. Terms and Conditions of Service