Welcome, and thank you for your interest in The Other Woman and the Wife ("Site Owner," "we," or "us") and our website, located at: www.towtw.com (the “Site”). These Terms of Service are a legally binding contract between you and Site Owner regarding your use and access to all or part of this Site, including any content, materials, products or services available on or through the Site, our online community (“Community”), along with any mobile or other downloadable applications that we make available to enable access to the same .

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCEPTING THESE TERMS, EITHER BY CLICKING "I ACCEPT" OR BY OTHERWISE ACCESSING, VIEWING, DOWNLOADING OR OTHERWISE USING THE CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON OR THROUGH THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF AND ACCESS TO THE SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING SITE OWNER'S PRIVACY POLICY (COLLECTIVELY, THESE "TERMS") EITHER (A) ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR (B) IF YOU ARE ACCESSING THE SITE ON BEHALF OF AN ENTITY, ORGANIZATION, OR SITE OWNER, ON BEHALF OF SUCH ENTITY, ORGANIZATION OR SITE OWNER FOR WHICH YOU ACT, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ORGANIZATION OR SITE OWNER TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND SITE OWNER'S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY SITEOWNER AND BY YOU TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO USE THE SITE AND MUST EXIT AND DISCONTINUE YOUR USE OF IT IMMEDIATELY.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST SITE OWNER, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT). PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

ARBITRATION NOTICE
Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMMUNITY OWNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

ELIGIBILITY
You must be at least 18 years old to use this Site and join the Community. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Community; and (c) your registration and your use of the Community is in compliance with any and all applicable laws and regulations.

ACCOUNTS AND REGISTRATION
To access most features of the Site, you must register for an account within the Community. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You represent that the information you provide to us is true, valid, and up-to-date in all respects, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hello@towtw.com or by using the mechanisms made available by Site Owner. Should any of the information you provide change, please login to your account and update such information directly. Any personal information that you provide to Site Owner via the Site or that we process is subject to our Privacy Policy.

LICENSES
  • Limited License. Subject to your complete and ongoing compliance with these Terms, Site Owner grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable, terminable license to: (a) install and use any mobile or other downloadable application provided to you by Site Owner and associated with the Site on a mobile device that you own or control; and (b) access and use the Site solely for use in accordance with these Terms. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of Site Owner or its licensors. Copying or distributing the Site or the content contained within the Site is expressly prohibited.
  • License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and will not attempt to: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the software powering the Site; (b) make modifications to the software powering the Site; (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism; (d) access the Site by any means other than through the interfaces that are provided by Company; (e) gain unauthorized access to Site Owner’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or Site Owner’s networks and computer systems; (f) access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing; (g) access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; (h) reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or Community for any purpose; (i) upload, post, or otherwise transmit, through the Site, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing,” or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Company; (j) stalk, harass, or otherwise disturb another person; (h) impersonate another person; or (k) infringe any intellectual property rights of any person or entity, including any trademark rights, rights of publicity, personality, or privacy of any person or entity. If you are prohibited under applicable law from using the Site, then you may not use it.
  • Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Site or the Community (“Submissions”), then you hereby grant Site Owner and its Service Provider (defined in Section 16.1 below) an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Submissions in any manner and for any purpose, including to improve the Site and/or Community and create other products and services. We will have no obligation to provide you with attribution for any Submissions you provide to us.

OWNERSHIP, PROPRIETARY RIGHTS
The Site is managed by Site Owner using a platform made available by Service Provider. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by Site Owner or Service Provider ("Materials") are protected by intellectual property and other laws. All Materials included in the Site are the property of Site Owner or its third-party licensors (including Service Provider). Except as expressly authorized by the Site Owner, you may not make use of the Materials. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or any content on the Site. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Site Owner or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. There are no implied licenses in these Terms and Site Owner and Service Provider reserve all rights to the Materials not granted expressly in these Terms. Under no circumstances will you have any rights of any kind in or to the Site or its content, other than the right to use the Site in accordance with these Terms.

THIRD-PARTY TERMS
  • Third-Party Services. Site Owner may provide tools through the Site that enable integration with third-party platforms, add-ons, services, or products not provided by Site Owner ("Third-Party Services"). If you direct us to transmit data to, or receive data from, a Third-Party Service on your behalf (including by enabling the applicable integration in the settings of the Site), then you authorize us and Service Provider to collect, access, use, derive, disclose, generate, transfer, transmit, store, host, or otherwise process ("Process") any such data, including User Content (defined in 6.1 below), in connection with the applicable integration, in a manner consistent with the functionality of the Site requested by you and the permissions granted to Site Owner by the relevant integration (which Processing may include, without limitation, performing queries on the data held by the Third-Party Service). You acknowledge and agree that your use of a Third-Party Service is subject to your agreement with the relevant provider of such Third-Party Service, and that Site Owner and Service Provider are not a party to such agreement. Site Owner and Service Provider do not control and have no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the Site or how the Third-Party Services or their providers use User Content. All data received from Third-Party Services on behalf of you as described herein will be deemed User Content under these Terms.
  • Third-Party Software. The Site Owner may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

USER CONDUCT
  • User Content Generally. Certain features of the Site may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Site, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Site , subject to the licenses granted in these Terms.
  • Limited License Grant to Site Owner. By Posting User Content to or via the Site, you grant Site Owner and Service Provider a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. Further, you waive all moral rights in and to all User Content that you post or otherwise submit to Site Owner in favor of Site Owner and any other persons we authorize to use such User Content. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Site You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Site Owner's or Service Provider's exercise of the license set forth in this Section. For the avoidance of doubt, Site Owner shall be under no obligation to: (1) maintain any User Content in confidence; (2) compensate you in any way for your User Content; or (3) respond to any User Content.
  • You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content including in all ambient music and underlying musical works embodied in any sound recording. Site Owner disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Site. By providing User Content via the Site, you affirm, represent, and warrant to us that:
  1.  you are the owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Site Owner and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Site Owner, Service Provider, the Site, and these Terms;
  2. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) cause Site Owner or Service Provider to violate any law or regulation or require Site Owner or Service Provider to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (iv) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual; (v) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (vi) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vii) be obscene, child pornographic, or indecent; (viii) constitute misappropriation of any trade secret or know-how; or (ix) constitute disclosure of any confidential information owned by any third party, all as determined by Site Owner in our sole and absolute discretion.; and
  3. your User Content could not be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

  • User Content Disclaimer. Site Owner and Service Provider are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Site Owner or Service Provider may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Site, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Site Owner or Service Provider with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, Site Owner may (or may permit Service Provider to) investigate the allegation and determine whether to remove the User Content, which Site Owner and Service Provider reserve the right to do at any time, without notice, and for any reason. For clarity, Site Owner does not permit infringing activities on the Site.
  • Monitoring Content. Site Owner and Service Provider do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Site by its users. You acknowledge and agree that Site Owner and Service Provider reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational and other purposes. If at any time Site Owner or Service Provider choose to monitor the content, then Site Owner and Service Provider still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with Site Owner's Privacy Policy. Site Owner and Service Provider may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Site without any liability to the user who Posted such User Content to the Site or to any other users of the Site. Furthermore, Site Owner has the right to: (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (b) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation or suspected violation of these Terms. Without limiting the foregoing, Site Owner has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing information on or through the Site. You waive and will hold harmless Site Owner and its affiliates, licensees and services providers, from any claims resulting from any action taken by Site Owner or any of the foregoing parties during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by such parties or law enforcement authorities.
  • Child Sexual Abuse and Exploitation. Site Owner and Service Provider prohibit any sexual content or suggestive content, and predatory or inappropriate behavior involving minors (i.e. users under 18 years old) or someone who appears to be a minor. This includes sharing, offering, or asking for child exploitation content, including child sexual abuse material (CSAM). If you are unsure about a piece of content involving a minor, do not share it. To report sexual, suggestive, or inappropriate behavior minors, you can use the in-line report feature on the website or app. When child sexual exploitation content is identified, the violative content is removed as soon as possible and the related account is banned. If Site Owner and Service Provider confirm the presence of CSAM, we take the steps required by law to preserve and refer the relevant content to appropriate authorities. In the United States, federal law requires that U.S.-based electronic service providers report instances of apparent CSAM to the National Center for Missing and Exploited Children (NCMEC). NCMEC coordinates reports with global law enforcement agencies in over 120 countries through its partner organization, the International Center for Missing and Exploited Children.

COMMUNICATIONS
  • Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.
  • In-App Notifications. When you install our app on your mobile device, we may send you in-app notifications. You can turn off notifications in the app's "settings" page.
  • Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.

 PROHIBITED CONDUCT. BY USING THE SITE, YOU AGREE NOT TO:
  1. use the Site for any illegal purpose or in violation of any local, state, national, or international law;
  2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Site;
  3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
  4. access, search, or otherwise use any portion of the Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Site Owner or Service Provider;
  5. interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
  6. interfere with the operation of the Site or any user's enjoyment of the Site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Site; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
  7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Site account without permission, or falsifying your age or date of birth;
  8. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4(Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
  9. attempt to do any of the acts described in this Section 8 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 8 (Prohibited Conduct).

INTELLECTUAL PROPERTY RIGHTS PROTECTION
  • Respect for Third Party Rights. The Site Owner respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Site to do the same. Infringing activity will not be tolerated on or through the Site .
  • DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended) and the Site is subject to Service Provider's DMCA policy.

MODIFICATION OF TERMS
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective thirty (30) days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Site. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Site. Except as expressly permitted in this Section 10 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

 TERM, TERMINATION, AND MODIFICATION OF THE SITE
  • Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Site, and ending when terminated as described in Section 11.2 (Termination).
  • Termination. If you violate any provision of these Terms, then your authorization to access the Site and these Terms automatically terminate. In addition, Site Owner may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by using the mechanism designated in the Site or contacting customer service at hello@towtw.com.
  • Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access your account or the Site; (c) you must pay Site Owner any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3 (Feedback), 4 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity), 13 (Disclaimers; No Warranties by Site Owner), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration), and 16 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Site since upon termination of your account, you may lose access rights to any User Content you Posted to the Site. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Site using a different name, email address or other forms of account verification.
  • Modification of the Site. Site Owner reserves the right to modify or discontinue all or any portion of the Site at any time (including by limiting or discontinuing certain features of the Community or the Site), temporarily or permanently, without notice to you. Site Owner will have no liability for any change to the Site, including any paid-for functionalities of the Site, or any suspension or termination of your access to or use of the Site. You should retain copies of any User Content you Post to the Site so that you have permanent copies in the event the Site is modified in such a way that you lose access to User Content you Posted to the Site.

INDEMNITY
To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend, indemnify, and hold harmless Site Owner, its affiliates, and their parents, subsidiaries, respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Specified Entities") and Service Provider from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Site; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You may not settle any claim that is referenced or otherwise covered by this Section 12 without the prior written consent of the Site Owner.

DISCLAIMERS; NO WARRANTIES BY SITE OWNER
  1. SITE OWNER EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES: (A) THAT THE SITE, SITE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED OR DISPLAYED ON THE SITE WILL MEET YOUR REQUIREMENTS; (B) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED; (C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE, SITE CONTENT, SERVICES, OR PRODUCTS WILL BE CORRECTED; AND (D) REGARDING THE SITE, USER CONTENT, SITE CONTENT, SERVICES, PRODUCTS, ADVICE, INFORMATION OR LINKS PROVIDED BY ANY THIRD PARTIES OR USERS. THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SITE OWNER AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SITE OWNER AND ITS SERVICE PROVIDER DO NOT WARRANT THAT THE SITE OR ANY PORTION THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SITE OWNER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, SPECIFIED ENTITIES, OR SERVICE PROVIDER, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPECIFIED ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
  3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 (DISCLAIMERS; NO WARRANTIES BY SITE OWNER) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Site Owner does not disclaim any warranty or other right that Site Owner is prohibited from disclaiming under applicable law.

 LIMITATION OF LIABILITY
  1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SPECIFIED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPECIFIED ENTITY OR SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
  2. EXCEPT AS PROVIDED IN SECTIONS 15.5 (COMMENCING ARBITRATION) AND 15.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SPECIFIED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SITE OWNER FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
  3. WITHOUT LIMITING THE FOREGOING, YOU AND SITE OWNER AGREE THAT SERVICE PROVIDER IS NOT A PARTY TO THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE PROVIDER WILL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT IF YOU BRING A CLAIM AGAINST SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SUCH CLAIM IS SUBJECT TO THE DISPUTE RESOLUTION PROCEDURE SET FORTH IN SECTION 15, AND SERVICE PROVIDER WILL BE DEEMED SUBSTITUTED FOR SITE OWNER THEREUNDER SOLELY FOR THE PURPOSE OF SUCH CLAIM.
  4. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

DISPUTE RESOLUTION AND ARBITRATION
  • Generally. Except as described in Section 15.2 (Exceptions) and 15.3 (Opt-Out), you and Site Owner agree that every dispute arising in connection with these Terms, the Site, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SITE OWNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  • Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
  • Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, "JAMS Rules") as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Site Owner.
  • Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Site Owner's address for Notice is: OW, hello@towtw.com. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Site Owner may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Site Owner will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Site Owner has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
  • Arbitration Proceedings. Any arbitration hearing will take place in Los Angeles, California, unless Site Owner elects otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Site Owner must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
  • Arbitration Relief. Except as provided in Section 15.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Site Owner before an arbitrator was selected, Site Owner will pay you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
  • No Class Actions. YOU AND SITE OWNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Site Owner agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  • Modifications to this Arbitration Provision. If Site Owner makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Site Owner’s address for Notice of Arbitration, in which case your account with Site Owner will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
  • Enforceability. If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Site Owner receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.3 (Governing Law) will govern any action arising out of or related to these Terms.

CONFIDENDIALITY
You agree that any non-public information disclosed by Site Owner or its representatives in connection with your use of the Site, including communications, discussions, or materials shared in any private forums or direct messages, shall remain confidential and shall not be disclosed to any third party without the prior written consent of Site Owner, except as required by law.

REFUNDS AND CHARGEBACKS
All payments made to Site Owner are non-refundable. You agree not to initiate any chargeback claims without first contacting Site Owner to resolve the issue. Unauthorized chargebacks may result in suspension or termination of your access to the Site and services.

ASSUMPTION OF RISKS
You acknowledge and agree that by engaging with any content or services on the Site—especially those related to relationships, mental health, or emotional well-being—you do so voluntarily and at your own risk. Site Owner does not guarantee specific outcomes or results and is not liable for any decisions or actions you take based on content or services accessed through the Site.

YOUR PRIVACY AND DATA RIGHTS
You have the right to request access to, correction of, or deletion of your personal data in accordance with our Privacy Policy. We commit to only using your data in ways that are transparent, lawful, and necessary to provide our services.

NOTICE OF CHANGES
We will provide users with reasonable notice via email or in-app notifications before material changes to these Terms take effect, unless immediate updates are required for legal compliance or platform security.

MUTUAL RESPECTY AND COMMUNITY SAFETY
We are committed to fostering a respectful environment. Users agree not to harass or abuse others. Likewise, Site Owner commits to responding promptly to reports of abuse, harassment, or other harmful conduct within the platform.

OWNERSHIP OF YOUR CONTENT
You retain full ownership of your User Content. Our license to use your content exists solely to operate and improve our services and does not transfer ownership or copyright to us.

EQUAL RIGHTS IN ARBITRATION
Each party has an equal right to select the arbitrator and participate in the arbitration process. Arbitration will be conducted fairly, without undue cost or complexity for either party.

MISCELLANEOUS
  • Third-Party Beneficiary. The Site is powered by a technology platform provided by CircleCo, Inc. ("Service Provider"). You and we acknowledge and agree that (a) Service Provider is an intended third-party beneficiary to these Terms, (b) is entitled to rights and benefits hereunder, and (c) may enforce these Terms against you as if it were an original party hereto.
  • General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Site Owner regarding your use of the Site. These Terms or any rights under these Terms, may not be assigned either by us or by you in whole or in part, by operation of law or otherwise, without our Service Provider's prior written consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
  • Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. Subject to arbitration requirements set forth herein, you and Site Owner submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
  • Privacy Policy. You understand and agree to the processing of your personal data in connection with the Site in accordance with Site Owner's Privacy Policy, which is hereby incorporated by reference into Section 16.4 of these Terms.
  • Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  • Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
  • Links to and Features Provided by Third Parties. The Site may contain links or references to other websites or feature services of third parties for the convenience of users: (a) in locating information, products, or services that may be of interest; and/or (b) with performing or receiving the services made available through the Site, and complying with any requirements associated with such transactions. These third-party websites and services may be available on the Site via a link, redirect, plug-in, integrated application, or other technology, and may be recognized automatically by your browser. Site Owner does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third-party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Site Owner encourages you to read the privacy policies and terms of use linked or referenced in connection with third party websites.
  • Billing and Payment Processor. To the extent products or services are made available for purchase through the Site, Site Owner uses a third-party payment processor to process credit card transactions made through the Site. If you purchase products from Site Owner or make any payments via the Site with your credit card, the credit card information that you submit to Site Owner is stored by Stripe, and will be protected by encryption, such as with the Secure Socket Layer ("SSL") protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission to Site Owner. You are responsible for all charges incurred under your account, whether made by you or another person using your account. You can visit the Stripe website to review their Privacy Policies as well.
  • Service Access. While the Site Owner endeavors to ensure that the Site is normally available twenty-four (24) hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control
  • Operation of the Site and United States Law. The Site is controlled and operated from within the United States. Without limiting anything else, Site Owner makes no representation that the Site, content contained in the Site, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.
  • Waiver; Severability. You agree that any failure or delay by Site Owner to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Site Owner has the benefit of under any applicable law) will not be taken to be a formal waiver of Site Owner’s rights and that those rights or remedies will still be available to Site Owner. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
  • Entire Agreement. These Terms, including the Privacy Policy, constitute the entire legal agreement between you and Site Owner regarding the Site and govern your use of the Site, services, and any transactions you may have with Site Owner through the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Site Owner regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
  • Notice Regarding Apple. This Section 17 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Site Owner only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Site or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Site. If the Site fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Site. Apple is not responsible for addressing any claims by you or any third party relating to the Site or your possession and/or use of the Site, including: (1) product liability claims; (2) any claim that the Site fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Site and/or your possession and use of the Site infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Site. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Terms & Conditions