9. ACCOUNT CREATION AND TERMINATION
9a. Account Creation
To access and use the Platform's matchmaking services, a Matchmaker must first register and create an account. After creating the Matchmaker account, the Matchmaker may create a profile for the Dater by uploading or submitting information, including photos, videos, written responses, demographic information, biographical information, and other content (the "Profile"). A Matchmaker may only create a Profile for a Dater who is at least 18 years old, and every photo and video in a Profile must show only individuals who are 18 or older. The Dater must thereafter create or access the Dater's own account, which will be linked to the Matchmaker's account.
Before a Dater's Profile may be published or made visible to any other User of the Platform, the Dater must review, verify, and expressly approve the Profile created by the Matchmaker. The Dater may edit, modify, supplement, or remove any portion of the Profile prior to approval. A Dater Profile will not be published unless and until both the Matchmaker and the Dater have approved the Profile.
The Platform requires both a Matchmaker account and a corresponding Dater account that are linked together (a "Linked Account"). Access to the Platform's matchmaking services is available only through a Linked Account. A Dater may not publish a Profile, participate in matching activities, or access certain Platform features unless the Dater's account is linked to a Matchmaker account.
Once a Dater's Profile has been approved by both the Matchmaker and the Dater and has been published on the Platform, Matchmakers may browse and evaluate Dater Profiles associated with other Linked Accounts. Matchmakers may communicate through the internal messaging system on the Platform. If two Matchmakers independently express interest in introducing their respective Daters, the Matchmakers may communicate through the Platform to determine whether they wish to recommend the proposed introduction. If both Matchmakers elect to proceed, the Platform will notify the corresponding Daters of the mutual recommendation. Subject to the features and limitations of the applicable subscription, the Daters may thereafter communicate with one another through the Platform and may share additional information.
Users can create an account by downloading the KB App and following the Platform's instructions.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use.

9b. Account Termination
You can delete your account at any time by logging into the Platform, clicking into your profile image, selecting "Delete Account," and following the instructions to terminate your Profile. Both the Dater and the Matchmaker may delete the Dater Profile at any time. The Matchmaker may delete the Matchmaker Profile at any time. Deleting the Matchmaker Profile will also delete any Dater's Linked Account. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., Apple App Store, Google Play Store) to avoid additional billing. Knows Best also reserves the right to review and, if appropriate, suspend, terminate, or ban your account without a refund if Knows Best believes that you have violated these Terms, misused our Services, or behaved in a way that Knows Best regards as inappropriate or unlawful, on or off our Services, in our sole discretion. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services. You understand and agree that Knows Best may not share information with you regarding your account termination if doing so would potentially impair the safety or privacy of other Users. If your account is terminated by you or by Knows Best for any reason, these Terms continue and remain enforceable between you and Knows Best, and you will not be entitled to any refund for purchases made. Your information will be maintained, shared, and deleted in accordance with our Privacy Policy, except that information related to a report of child sexual abuse or exploitation will be preserved as required by law.

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
YOU UNDERSTAND THAT KNOWS BEST DOES NOT, AS A GENERAL PRACTICE, CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. KNOWS BEST DOES NOT, AS A GENERAL PRACTICE, CONDUCT SEX OFFENDER REGISTRY CHECKS, EMPLOYMENT VERIFICATION, FINANCIAL SCREENING, OR OTHER SCREENING. KNOWS BEST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, AGE, CHARACTER, REPUTATION, BACKGROUND, QUALIFICATIONS, SUITABILITY FOR ANY INTERACTION, OR VERACITY OF USERS. HOWEVER, NOTWITHSTANDING THIS PRACTICE, KNOWS BEST RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORIZE KNOWS BEST TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
We may require identity verification (e.g., phone number, government ID, or other methods) at any time for safety and compliance purposes, including to confirm that a User is at least 18 years old. Creating multiple accounts, impersonating others, or providing false information may result in immediate suspension or termination.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE DO NOT GUARANTEE YOUR SAFETY. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY KNOWS BEST, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though KB strives to encourage a respectful User experience, it is not responsible for the conduct of any User on or off the Service. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person. From time to time, Knows Best may provide safety suggestions, reminders, educational materials, or other informational resources intended to promote safer dating practices. Any such materials are provided solely for general informational purposes and should not be considered comprehensive safety guidance, legal advice, medical advice, or a guarantee of personal safety. The absence or presence of any safety recommendation does not alter your responsibility to use sound judgment or relieve you of the obligation to take appropriate precautions based on your own circumstances.
You acknowledge that no set of safety tips, community standards, platform features, or moderation efforts can eliminate all risks associated with meeting new people. Your decision to communicate with another User, exchange personal information, or meet in person is made voluntarily and entirely at your own risk. To the fullest extent permitted by applicable law, Knows Best disclaims any liability arising out of or relating to the acts or omissions of any User, including without limitation any injury, death, property damage, emotional distress, fraud, misrepresentation, harassment, assault, stalking, theft, discrimination, or other misconduct occurring through or after use of the Platform, whether such conduct occurs online or offline.
We encourage safe interactions (e.g., meeting in public, informing others of plans). We are not responsible for offline conduct. Please report concerns in the app or by emailing HQ@knowsbestapp.com; we may investigate on- or off-Platform behavior when relevant to safety.

11. DISCLAIMER
KNOWS BEST PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KNOWS BEST DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, KNOWS BEST MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
KNOWS BEST ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES KNOWS BEST ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, AGE, CHARACTER, REPUTATION, BACKGROUND, QUALIFICATIONS, SUITABILITY FOR ANY INTERACTION, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH KNOWS BEST ON OR OFF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. KNOWS BEST IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
The involvement of a Matchmaker in the introduction process does not constitute a representation, warranty, endorsement, or guarantee by Knows Best regarding the character, identity, safety, compatibility, suitability, intentions, legitimacy, health, physical condition, reputation, background, qualifications, suitability or conduct of any Dater or other User. Knows Best does not investigate, verify, or endorse any recommendation made by a Matchmaker, and Users remain solely responsible for evaluating whether to communicate with or meet another User.
Knows Best does not guarantee that any User will receive a match, mutual match, recommendation, introduction, message, response, date, relationship, or any other desired outcome through the Platform. The availability, frequency, and quality of matches depend on numerous factors beyond Knows Best's control, including User activity, preferences, geographic location, profile content, Subscription status, and the decisions of other Users. Knows Best makes no representation or warranty that use of the Platform will result in any particular number of matches, introductions, communications, dates, relationships, or other outcomes.

12. DIGITAL MILLENNIUM COPYRIGHT ACT
Knows Best has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any User Content or Our Content infringes upon your intellectual property rights, please submit an email to HQ@knowsbestapp.com alleging such infringement ("DMCA Takedown Notice") including the following:
1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.  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;
3.  Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4.  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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 the law; and
6.  A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Knows Best will terminate the accounts of repeat infringers.

14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KNOWS BEST, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS (INCLUDING BUT NOT LIMITED TO CONTENT DEFINED ABOVE AS 'USER CONTENT' OR 'YOUR CONTENT') OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES' SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF KNOWS BEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KNOWS BEST'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO KNOWS BEST FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST KNOWS BEST, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15a. INFORMAL DISPUTE RESOLUTION PROCESS
If you are dissatisfied with our Services for any reason, please contact Knows Best Customer Service at HQ@knowsbestapp.com first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Knows Best, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, "Knows Best" shall include our affiliates, employees, licensors, and service providers. Knows Best values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. "Dispute" is any dispute, claim, or controversy between you and Knows Best that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. "Dispute" as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement, claims that arise during the term of this Agreement, and claims that arise after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and Knows Best).
If you have a Dispute with Knows Best ("Your Dispute"), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice ("Notice") to Knows Best Customer Service at HQ@knowsbestapp.com. However, if Your Dispute includes individual claims covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, then you are not required to send a Notice before pursuing your claims in accordance with Section 17. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Knows Best to identify your account, including 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 your alleged damages (if any). You must personally sign this Notice for it to be effective.
If Knows Best has a Dispute with you ("Knows Best's Dispute"), Knows Best agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated through your account. Knows Best's Dispute Notice must likewise set forth a detailed description of Knows Best's Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Knows Best agree to then negotiate in good faith in an effort to resolve the Dispute.
As part of these good faith negotiations, Knows Best may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you're represented by counsel. Likewise, you may request a telephone conference to discuss Knows Best's Dispute with you, and Knows Best agrees to have one representative participate. (For the avoidance of doubt, if you submit a Notice relating to Knows Best's termination of your account, as set forth in Section 4 above, such Dispute is not Knows Best's Dispute with you.)
This informal process should lead to a resolution of the Dispute. However, 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, you or Knows Best may initiate an arbitration (subject to a Party's right to elect small claims court as provided below). Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action (except to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of disputes of claims). Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Knows Best engage in this informal dispute resolution process.
Any unresolved dispute shall be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as modified herein. There shall be no class actions or jury trials. Arbitration shall take place in Volusia County, Florida (or virtually by agreement). You may opt out of arbitration within 30 days of first accepting these Terms by emailing us with your request.

15b. INDIVIDUAL RELIEF
CLASS ACTION WAIVER AND JURY TRIAL WAIVER TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND KNOWS BEST EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT TO THE EXTENT THE "ENDING FORCED ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARASSMENT ACT" PRECLUDES ARBITRATION OF DISPUTES OR CLAIMS). YOU AND KNOWS BEST EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST KB. TO THE FULLEST EXTENT ALLOWABLE 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 BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND KB AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.

15c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT
Any Dispute (that is not resolved informally by Knows Best Customer Service or the informal dispute resolution process as provided under subsection 15a above) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except for the following types of Disputes:
1.  Disputes that are within the jurisdiction of a small claims court. Either you or Knows Best may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider (i.e., AAA). No determinations made by a small claims court shall have preclusive effect in any proceeding involving Knows Best and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and Knows Best shall arbitrate the Dispute under the terms of this Agreement. In the event the small claims court retains jurisdiction over certain claims, those claims will proceed in small claims court first. If there are additional claims not within the small claims court's jurisdiction, you and Knows Best shall arbitrate the remaining claims of the Dispute under the terms of this Agreement.
2.  Disputes about whether a Dispute is within the jurisdiction of small claims court. Any controversy regarding the small claims court's jurisdiction shall be exclusively determined by such small claims court. If the small claims court is unable or unwilling to resolve such controversy, disagreements about whether a Dispute is within the jurisdiction of a small claims court may otherwise be resolved in a court of competent jurisdiction. If you or KB challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding or have preclusive effect with respect to any proceeding involving KB and anyone other than you.
3.  Disputes covered by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. These claims can be brought in accordance with Section 17.
4.  Disputes in certain jurisdictions. Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the Users residing in that jurisdiction, including Subsections 15b, 15c, 15d, and 15e.
All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, such as questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate. Any court proceeding to enforce this Dispute Resolution Section 15, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 17. In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against Knows Best (except for small claims court actions) may be commenced exclusively in (i) the state courts located in Volusia County, Florida, or (ii) if federal jurisdiction exists, the United States District Court for the Middle District of Florida, Orlando Division. Each party irrevocably submits to the personal jurisdiction and exclusive venue of such courts and waive any claim that such courts constitute an inconvenient forum.

15d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS
This subsection 15d applies to Disputes that are submitted to AAA for arbitration after fully completing the informal dispute resolution process described in subsection 15a above and when no small claims court election is made by you or Knows Best. Any arbitration between you and Knows Best shall be administered by AAA in accordance with AAA's operative Comprehensive Dispute Resolution Rules and Procedures (the "AAA Rules") in effect at the time any demand for arbitration is filed with AAA, as modified by this Dispute Resolution Section 15. If AAA is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace AAA and assume AAA's role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider's rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume AAA's duties under this Agreement. This Agreement will govern to the extent it conflicts with any arbitration provider's rules.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section (subject to either Party's small claims court election as described above):
1.  Commencing an Arbitration – To initiate an arbitration, you or Knows Best shall send to AAA a demand for arbitration ("Demand for Arbitration") that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and the AAA Rules. If you send a Demand for Arbitration, you shall also send it to Knows Best at HQ@knowsbestapp.com within 7 days of delivery of the Demand for Arbitration to AAA. If Knows Best sends a Demand for Arbitration, we will also send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 15 or if either Party elects small claims court as set forth above.
2.  Fees – The payment of AAA fees shall be governed by the AAA Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the AAA 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. Upon a showing to KB of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. KB is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If KB initiates an arbitration against you, we shall pay all AAA fees.
3.  The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the "Claim Arbitrator"), as assisted by any Procedural Arbitrator appointed under the AAA Rules. (The term "Arbitrator" applies to both the Claim Arbitrator and the Procedural Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event AAA Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the "Unfair Term"), then the Arbitrator shall have 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"). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
4.  Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator's appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties' pleadings and the evidence submitted.
5.  Arbitrator Selection – To select an arbitrator, AAA shall forward to the parties identical lists containing 5 potential arbitrators. After receipt of the list, each party may strike up to 2 names from the list. The parties shall number the remaining names on the list in the order of their preference and return the list to the AAA administrator within 15 days of service of the document.
6.  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 provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after 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. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator's final decision on such dispositive motion. If after meeting and conferring the Parties cannot agree on a dispute about discovery or a request for extension, that matter shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery matter, the Claim Arbitrator shall 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 the extent to which the requested discovery is truly necessary for the adequate preparation of a claim or defense, and AAA's goal of efficient and economical resolutions. The burden of establishing good cause for any additional discovery is on the moving Party.
7.  Confidentiality – Upon either Party's request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
8.  Arbitration Hearing – You and Knows Best are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. 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, unless a Party requests an oral hearing within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must personally attend the hearing, regardless of whether either Party has retained counsel. Either Party's failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
9.  Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Knows Best and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the AAA Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees, costs, or sanctions against a Party or its representative(s) if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
10.  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 award is issued in the opposing Party's favor and is less than the Respondent's settlement offer or if the award is in the Respondent's favor, the opposing Party must pay the Respondent's costs incurred after the offer was made, including any attorney's fees. If any law prohibits shifting arbitration fees or costs, any rejected or lapsed offer under this provision shall be deemed to halt the claimant's accrual of recoverable costs under the asserted cause of action.

15e. FUTURE CHANGES AND RETROACTIVE APPLICATION
This Dispute Resolution Section 15 applies to all Disputes between the Parties, including for any claims that accrued against you or Knows Best prior to the time of your consent to this Agreement and to any claims that accrue against you or Knows Best after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 15 as to claims that have accrued against you or against Knows Best prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: HQ@knowsbestapp.com. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 15. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 15, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or KB after your consent to this Agreement in accordance with this Dispute Resolution Section.

16. GOVERNING LAW
These Terms and any disputes arising out of or relating to the Services shall be governed by Florida law and the Federal Arbitration Act and will apply to any Dispute (except where prohibited by law). You understand and acknowledge that Knows Best maintains its principal place of business in New Smyrna Beach, Florida. You agree that the Services, this Agreement, and all Disputes, including but not limited to any claims or controversies arising out of or relating to this Agreement or our Services, shall be deemed to have arisen in Volusia County, Florida and in no other state or county, and that Florida law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law). The laws of Florida, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth in Section 15 shall be governed by the Federal Arbitration Act. Both parties agree that this choice of law agreement is enforceable and waives the right to have a court conduct a conflicts of law analysis.

17. VENUE/FORUM SELECTION
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Volusia County, Florida (except for claims filed in small claims court). Except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with Knows Best that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Volusia County, Florida, U.S.A. You and KB consent to the exercise of personal jurisdiction of courts in the State of Florida and waive any claim that such courts constitute an inconvenient forum.

18. INDEMNITY BY YOU
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Knows Best and our officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, due to, 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 breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.

19. ACCEPTANCE OF TERMS
By using our Services you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Child Safety Standards, Safe Dating Advice and Community Guidelines, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to may require.

20. ENTIRE AGREEMENT
These Terms, with the Privacy Policy, Cookie Policy, Child Safety Standards, Safe Dating Advice and Community Guidelines, and any Additional Terms Upon Purchase, contain the entire agreement between you and Knows Best regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your KB account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind KB in any manner.

21. SPECIAL STATE TERMS
For subscribers residing in New York:

• The Services do not guarantee any number of "referrals" - rather, the functionality of the Services is such that the subscriber can view as many profiles as they would like;

• Upon notice, subscribers may place their subscription on hold for up to one year by emailing HQ@knowsbestapp.com;

• How your information is used and how you may access your information is set forth in Section 5 and our Privacy Policy;

• You may review the New York Dating Service Consumer Bill of Rights.
   

For subscribers residing in North Carolina:

• You may review the North Carolina Buyer's Rights.

 

For subscribers residing in Illinois, New York, North Carolina, and Ohio:

• Our Services are widely available in the United States - if you believe that you have moved outside a location where we provide the Services, please contact us at HQ@knowsbestapp.com and we will work with you to provide alternative services or a refund.

 

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

Your Right to Cancel - You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described above in Section 8.