AskAGirl User Terms of Service
Last Updated: September 20, 20211. Your Acceptance
Throughout this Agreement, the words “AskAGirl,” “us,” “we,” and “our,” refer to our company, Ask A Girl LLC, as is appropriate in the context of the use of the words.
PLEASE BE AWARE THAT THERE ARE ARBITRATION, PRIVATE ATTORNEY GENERAL, AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.2. User Accounts and Sign-up
Portions of the Platform may require You to create a login or sign-up for an account. We may allow You to sign up using Your Facebook or other social media logins as permitted by us. You must fully complete the registration process by providing us with Your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where a User creates an account, we may ask You to provide identification so that we may verify Your identity. Where required, AskAGirl may also assign You a Username and password. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to notify AskAGirl immediately of any unauthorized use of Your account or any other breach of security. AskAGirl will not be liable for any losses You incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by AskAGirl or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder. We reserve the sole discretion in permitting You to create and sign up for an AskAGirl account, we reserve the right to reject or remove any accounts at our discretion.3. Age
The Platform allows Users 18 years of age or older to sign up for the Platform. If you are under the age of 18 you may not use or access the Platform.4. The Platform
The AskAGirl Platform constitutes a communications platform for Users seeking information and guidance from independent contractors acting as service providers (“Advisors”). AskAGirl solely makes the Platform available so that Advisors may communicate with Users and vice versa. The specific services provided by an Advisor may include but are not limited to dating advice, general information, and communications and shall be referred to as “Advisor Services.” All Advisor Services are solely offered by Advisors. AskAGirl does not endorse, recommend, employ or screen any such Advisors. USER ACKNOWLEDGES THAT ASKAGIRL IS MERELY A PLATFORM AND DOES NOT PERFORM ANY ADVISOR SERVICES AND DOES NOT RECOMMEND OR ENDORSE ANY ADVISOR AND DOES NOT PROVIDE ANY ADVISOR SERVICES, ALL ADVISOR SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY ASKAGIRL OR AFFILIATED WITH ASKAGIRL OR ITS AFFILIATES. FURTHER ASKAGIRL DOES NOT PERFORM ANY BACKGROUND CHECKS OR ANY ADDITIONAL VERIFICATION ON ANY USERS OR ADVISORS.5. Advisors
AskAGirl allows Advisors to access the Platform and assists Users in communicating with such Advisors. The AskAGirl Platform only facilitates communications. AskAGirl does not introduce, endorse, or recommend Advisors to Users or vice versa. Any opinions, advice, or information expressed by any Advisor are those of the individual and the individual alone and they do not reflect the opinions of AskAGirl. AskAGirl does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of the Advisor or any Advisor Services provided.
ASKAGIRL EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: ANY INTERACTIONS BETWEEEN ADVISOR AND USER, THE ACTIVITIES OF ANY ADVISORS, AND ANY LOSS OR INJURY ARISING OUT OF ANY ACT OR OMISSION OF ANY ADVISOR, ANY ERRORS OR OMISSIONS, AND USER’S USE OF ANY ADVISOR SERVICES. USER HEREBY ACKNOWLEDGES AND AGREES THAT WHILE ASKAGIRL MAY PROVIDE INFORMATION ABOUT AN ADVISOR, BASED ON LOCATION, USER REVIEWS, PRICING, OR RELEVANCY; SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE ADVISOR OR OTHER THIRD PARTIES, AND ASKAGIRL PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND THIS INFORMATION IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY ASKAGIRL OF ANY ADVISOR OR ANY ADVISOR SERVICES. ANY legal remedy or liability that You seek to obtain for actions or omissions of ADVISORS or other third parties will be limited to a claim against the particular ADVISOR or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from AskAGirl with respect to such actions or omissions. ASKAGIRL IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER INCLUDING ANY ADVISORS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE ADVISOR SERVICES OR YOUR INTERACTIONS WITH ANY OTHER USERS. To the extent permitted under applicable laws, You hereby release AskAGirl from any and all claims or liabilities related to any Advisor or its services and any action or inaction by any Advisor, including Your Advisor’s failure to comply with applicable law and/or conduct, whether online or offline.6. No Medical Advice
None of the Advisor Services constitute medical advice or diagnosis. Medical advice or any professional advice is strictly prohibited on the Platform. Always use common sense when making medical decisions. If You are experiencing a medical emergency, having suicidal thoughts or depression, or believe that you may have a medical issue please call 911 or contact your doctor or medical care professional immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our Platform. AskAGirl AND THE PLATFORM DO NOT PROVIDE MEDICAL OPINIONS, CARE OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTIONS. AskAGirl DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION, MEDICAL SERVICES, MEDICAL OPINIONS, OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL ADVICE OR MEDICAL OPINIONS RENDERED BY ANY ADVISOR.7. Lawful Purposes
The Platform may be used only for lawful purposes by Users and Advisors. As one of the conditions of Your use of the Platform, You represent, warrant, and agree that You will not use (or plan, encourage, or help others to use) the Platform for any purpose or in any manner that is prohibited by this Agreement or by applicable law. AskAGirl specifically prohibits any use of the Platform, and You hereby agree not to use the Platform: (a) as an escort or prostitute or use the Platform to promote, solicit, or engage Advisors for an escort or prostitution service, or to engage or facilitate human trafficking of any kind, including past escort activities or affiliation with an escort site or service; and (b) to post or send User Content that exploits people under the age of 18, or solicits personal information from anyone under 18, failing to report knowledge of a person under the age of 18 or continuing to use the Platform or interact in any way with anyone You know or believe is under the age of 18. Where such activity occurs Your information shall be forwarded to applicable state and federal authorities.8. Advisors and Users
Advisors and Users are solely responsible for resolving any disputes between the parties. AskAGirl may not assist in resolving any disputes, but reserves the right to do so. Where AskAGirl assists in a dispute, User agrees to abide by any decisions made by AskAGirl with regards to such a dispute. Any contracts entered into between a User and any Advisor is solely between those parties. Any agreements or services exchanged for any Credits remain solely the obligations of the User and the Advisor. AskAGirl may not be obligated and is not a party to any contract that parties may enter. AskAGirl has no control over the conduct of, or any information provided by, any Advisor or any User Content provided by an Advisor and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that any information provided by an Advisor and do not endorse any Advisor and we make no guarantee, express or implied, that any information provided through the Platform is accurate.9. Privacy
After properly registering for the Platform You shall be granted access to the Platform where we make access available to You. Where You download the Platform, we grant you a non-exclusive, limited, fully revocable license to download and use one copy of the Platform per device in a manner as permitted by us for your own personal non-commercial purposes. You may only use the Platform for commercial purposes if You have also executed an Advisor agreement with us. You agree to abide by the following restrictions listed below when using or accessing the Platform:
Please be aware that this is not an all-encompassing list of restrictions, if You breach any of these restrictions, we may revoke Your access to our Platform or your license, at our discretion. Additionally, we may revoke or restrict Your access or your license to our Platform if we believe that Your actions may harm or have harmed AskAGirl or the Platform itself. Failure by us to revoke Your access does not act as a waiver of Your conduct. We may restrict or revoke access to the Platform or your license to use the Platform at our discretion.11. Your Conduct While Using The Platform
When accessing or using our Platform, You are solely responsible for Your use and for any use of the AskAGirl Platform made using Your account. You agree to abide by the following rules of conduct:
If You are discovered to be undertaking any of the aforementioned actions or if we believe that any of Your actions may harm AskAGirl’ Platform, our business interests, or a third party. Your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of Your use of any of our Platform, but AskAGirl reserves the right to suspend or terminate any account at any time without notice or explanation.12. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to You, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, discontinue or remove our Platform or any portions of the Platform at any time. We have no obligation to make the Platform available to You.13. User Content
A User’s ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images, User trademarks, User intellectual property, or any other information will be referred to as “User Content” throughout this Agreement. All User Content You submit to the Platform will be owned by You. Please be aware that we are not required to host, display, migrate, or distribute any of Your User Content and we may refuse to accept or transmit any User Content. You agree that You are solely responsible for any User Content submitted and You release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. AskAGirl does not endorse and may not verify, monitor, or restrict any User Content submitted.
When You submit any User Content to us, You grant the AskAGirl, its partners, affiliates, Users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of Your User Content in perpetuity. It is important for You to grant us this license so that we may transmit Your User Content to the Advisors on our Platform and allow all users of the Platform access to your User Content. Additionally, although You own all User Content submitted by You, we own all layouts, arrangement, metadata and images that are used to render Your User Content through our Platform.14. User Content Guidelines
We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to You. Please be aware that all User Content may be viewed by third parties and may be publically accessible, thus we cannot guarantee the confidentiality of any User Content.
When submitting any User Content You agree to the following:
If You have violated any of our User Content Guidelines or if You we believe that any User Content may harm us or a third party, Your access to the Platform may be suspended or terminated and your information may be shared with third parties such as a governmental entity or other investigatory entities.15. Payments
Portions of the Platform may require payment for access and you agree to pay for all costs, fees, and taxes listed. Additionally, you may be charged fees to communicate with any Advisors. User authorizes AskAGirl or its third party payment processors to charge their method of payment at the time of purchase. Please be aware that purchases are completed via our third party payment processors. Where applicable, You must agree to our third party payment processors terms and conditions for processing payments. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where You have failed to pay or where payments are overdue, AskAGirl may suspend or terminate your access to the paid portions of the Platform, without liability to us and we may pursue any remedy at our disposal for any overdue or unpaid payments.16. Credits
You must have Credits to access certain services or functionality made available through the Platform. If you attempt to use some portions of the Platform and you do not have sufficient Credits in your account to complete the purchase, you will be prompted and have the option to add Credits to your account. Credits have no cash value and cannot be redeemed for cash. Prices for Credits shall be listed at purchase and are subject to change at any time, but changes will not affect any Credits you have previously purchased prior to a price change. All sales of Credits are final. Credit purchases are non-returnable and non-refundable. Credits cannot be resold, transferred for value, or applied to any other user account, whether such other account is operated by you or a third party. We may limit the number of Credits you can purchase or use within certain periods of time or implement other restrictions on the receipt or use of Credits. We may further restrict your ability to redeem your Credits based on your place of residence. You must not purchase Credits from any party other than us. You may redeem Credits through the Platform only by the method and within the scope as permitted by us. We may, in our sole discretion, place limitations on your redemption of Credits, such as a limit on the number of Credits you may redeem within a given period of time, except as may be prohibited by applicable law. If you have questions regarding any Credits purchased, please contact us.17. Price Increases
AskAGirl may increase the price of any fees, at our discretion and we reserve the right to do so at any time. In the event of a price increase, AskAGirl shall notify You and You will have the chance to accept or reject any price increase. Where You have rejected any price increase, Your access to some portions of the Platform may be restricted. You agree that AskAGirl has no obligation to offer any services for the price originally offered to You at sign up.18. Refunds
As payment allows users to access specific functionality within our Platform, we cannot offer any refunds at this time. Where You feel that You are entitled to a refund, please contact us. Please be aware that we reserve sole and final discretion for granting any refunds.19. Termination
You may cancel Your account at any time via the AskAGirl dashboard or contacting us at firstname.lastname@example.org. Please be aware that upon termination of Your account, access to portions of our Platform may be become immediately disabled. Termination of this Agreement does not relieve User from any obligation to pay AskAGirl. Upon termination You will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. Additionally, You will be required any due and owing outstanding fees for any Advisor Services provided by an Advisor. We may terminate Your account or this Agreement with You if we determine that: (1) You have violated any applicable laws while using our Platform; (2) if You have violated this Agreement or any other of our Platform policies; (3) if Your account has remained inactive for an extended period of time; or (4) if we believe that any of Your actions may harm AskAGirl, at our sole decision or discretion. In the event of termination, we will strive to provide You with a timely explanation; however, we are not required to do so. Where termination has occurred, portions of this Agreement shall survive and remain in full force as stated in the “Survival” section of this Agreement.20. Taxes
Depending on the laws of Your jurisdiction You may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to Your use of the Platform. In the event that we do not collect the applicable taxes, You agree that You are still responsible for any applicable taxes. Although no taxes may be collected by us You agree that You will pay any applicable taxes or fees to the tax agencies having jurisdiction over You.21. Chargebacks
If we believe that You have participated in a fraudulent chargeback we will pursue our claims against You to the fullest extent allowed by law. In the event that we believe that a User has submitted a fraudulent chargeback, we will forward Your information to the applicable law enforcement agency and Your fraudulent chargeback may result in either a civil fine or jail time.22. Idea Submission
AskAGirl or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to AskAGirl. The sole purpose of this policy is to avoid potential misunderstandings or disputes when AskAGirl’ products might seem similar to ideas You submitted to AskAGirl. If, despite our request that You not send us Your ideas, You agree to the following: (1) Your Submissions and their contents will automatically become the property of AskAGirl, without any compensation to You; (2) AskAGirl may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for AskAGirl to review the Submission; and (4) there is no obligation to keep any Submissions confidential.23. Intellectual Property
The name “Ask A Girl,” the design of the AskAGirl Platform along with AskAGirl created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to AskAGirl. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. AskAGirl reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given You express written permission. All rights not expressly granted are hereby reserved.24. Representations and Warranties
THE PLATFORM AND ALL ADVISOR SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ASKAGIRL, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS AND WARRANTIES RELATED TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM, USER CONTENT, OR ANY OTHER INFORMATION; (C) ANY ADVISORS OR ADVISOR SERVICES AVAILABLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ASKAGIRL OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS25. Limitation of Liability
THE ADVISORS PROVIDING ADVISOR SERVICES ON THIS PLATFORM ARE THIRD PARTY CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ASKAGIRL. IN NO EVENT SHALL AskAGirl, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY, ADVISORS, IS NO MORE THAN THE AMOUNT YOU HAVE TRANSACTED OR RECEIVED FROM THE PLATFORM OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ASKAGIRL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by AskAGirl’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.26. Indemnity
You agree to release, defend, indemnify, and hold AskAGirl and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement, (ii) Your improper use of the AskAGirl Platform or any services provided, (iii) Your interaction with any User, Advisor, or other third party including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, (iv) Your breach of any laws, regulations or third party rights. You agree that this indemnity extends to requiring You to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and You shall be liable for the damages as though we had proceeded with a trial.27. Intellectual Property and Copyrights
We take copyright infringement very seriously. If You believe that any copyrighted material owned by You has been infringed upon by someone using our Platform, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of AskAGirl, email@example.com or Ask A Girl, LLC, 1050 N Edinburgh Ave. Suite 110, West Hollywood, CA 90046
In the event that You receive a notification from AskAGirl stating content posted by You has been subject to a DMCA takedown, You may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Please be aware that we may not take any action regarding Your counter-notice unless Your notification strictly complies with the foregoing requirements. Please send this counter-notice to: firstname.lastname@example.org or Ask A Girl, LLC, 1050 N Edinburgh Ave. Suite 110, West Hollywood, CA 9004628. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California.29. Arbitration
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the state of California, without giving effect to conflict of laws principles thereof.
Each party agrees that before it seeks mediation, arbitration, or any other form of legal relief it shall provide written notice to the other of the specific issues in dispute (and referencing the specific portions of the Agreement which are allegedly being breached). Within thirty days after such notice, knowledgeable executives of the party or the individuals themselves shall hold at least one meeting (in person or by video- or tele-conference) for the purpose of attempting in good faith to resolve the Dispute. The parties agree to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision. The dispute resolution procedures in this Section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, or trade secrets.
Except as provided herein, any Dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, CA and before a single arbitrator. One arbitrator shall be selected by the parties in accordance with the American Arbitration Association Consumer Rules (for general Users) and the Commercial Rules (for Advisors) (each referred to as the “Rules”). Arbitration rules can be found at https://www.adr.org. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Los Angeles, CA. Where a Dispute does not exceed $15,000 such Dispute shall be arbitrated solely via pleadings and documents. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with User’s use Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, You agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Los Angeles County, CA.
User has the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Ask A Girl, LLC, 1050 N Edinburgh Ave. Suite 110, West Hollywood, CA 90046 or by email at email@example.com. In order to be effective, the opt out notice must include Your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If You have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Los Angeles, CA.30. Class Action
YOU UNDERSTAND AND AGREE THAT YOU AND ASKAGIRL MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND ASKAGIRL BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST ASKAGIRL, WHICH ARE ADDRESSED SEPARATELY.
Notwithstanding any other provision of this Agreement, the Arbitration provisions or any associated rules or the, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Disputes , the class, collective, and/or representative action on such Disputes must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims to the fullest extent possible.31. PAGA Claims
Notwithstanding any other provision of this Agreement or the arbitration provisions, to the fullest extent permitted by law: (1) You and AskAGirl agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., or any subsequent law, in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both You and AskAGirl agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether You have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the arbitration section or the associated rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on any arbitration provisions or the requirement that any remaining claims be arbitrated on an individual basis pursuant to the arbitration provisions; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Disputes, the parties agree that litigation of those Disputes shall be stayed pending the outcome of any individual Disputes in arbitration.32. Relationship of Parties
AskAGirl provides a Platform which allows You to connect with independent third party contractors referred to as Advisors. AskAGirl is not the employer of any Advisor. You acknowledge that we do not supervise, direct, or control a Advisor’s work or Advisor Services performed in any manner. An Advisor provides services to You as an Advisor, and is not an employee, joint venturer, partner, agent, or franchisee of AskAGirl for any purpose whatsoever and does not represent AskAGirl and has no authority to bind AskAGirl to any agreements.33. Notices
All notices, requests, consents, claims, demands, waivers, and other communications (“Notice”) for AskAGirl shall be in writing and addressed to Ask A Girl, LLC, 1050 N Edinburgh Ave. Suite 110, West Hollywood, CA 90046. For Users, Notices may be delivered to the address located within User’s account or via email listed within User’s account.34. Force Majeure
You agree that we are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.35. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement You may have with AskAGirl are deemed to conflict with each other’s operation, You agree that AskAGirl shall have the sole right to elect which provision remains in force.36. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.37. Survival
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, content provisions, User representations and warranties, payment provisions, ownership provisions, arbitration, PAGA, class action, warranty disclaimers, indemnity and limitations of liability.38. Assignment
You may not assign Your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.39. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email You. You may refuse to agree to the amendments, but if You do, You must immediately cease using our Platform.40. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about AskAGirl must be sent to our agent for notice to: firstname.lastname@example.org
Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.41. Precedence
This Agreement along with the Additional Terms and the ICA (where applicable for Advisors), forms the entire agreement between the parties and supersedes all other agreements written or oral between the parties. Where the agreements directly conflict, the agreements shall be interpreted and control in the following ascending order from 1-3: (1) ICA, (2) Additional Terms, and (3) this Agreement42. Electronic Communications
The communications between You and AskAGirl use electronic means, whether You visit the Platform or send AskAGirl e-mails, or whether AskAGirl posts notices on the Platform or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from AskAGirl in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that AskAGirl provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.43. Dwolla
This letter agreement (“Agreement”) sets forth the terms and conditions whereby you agree to provide certain services (as described in Schedule 1) to Ask a Girl LLC, (“AAG” or “Company”), a California limited liability company located at 1050 North Edinburgh Avenue, Suite 110, West Hollywood, California 90046.