Terms of service

Effective as of July 1, 2021

Romance Jumpstarters is all about love, but there’s nothing lovely about this thing called Terms of Service—which you’ll discover momentarily as you continue reading.

And continue reading you must before you can make a purchase from or otherwise utilize Romance Jumpstarters.

For simplicity, we’ll refer to our Terms of Service as "Terms".

Our Terms are important because they:

  • Describe your legal rights as a Romance Jumpstarters user and/or customer;
  • Tell you about the rights you give us as a Romance Jumpstarters user and/or customer;
  • Explain the rules of using and/or purchasing from Romance Jumpstarters; and
  • Let you know that you waive your right to join any class-action lawsuits against Romance Jumpstarters, if ever any are filed, and that you agree to submit your own individual lawsuit against Romance Jumpstarters to an arbitrator instead of to a court for resolving whatever claims you might have against Romance Jumpstarters.

In addition to carefully reading these Terms, you must do the same with regard to our Privacy Policy.

Introduction and definitions

Romance Jumpstarters makes and sells digital products in the form of downloadable, pre-written Love Letters intended to help you initiate, maintain, or rekindle romantic relationships. Romance Jumpstarters also writes and sells personalized Love Letters made to your specifications. Additionally, Romance Jumpstarters sells merchandise obtained from or in partnership with other vendors.

Collectively, the Romance Jumpstarters Love Letters and Merchandise are referred to as the “Products.” The Products are offered via the Romance Jumpstarters Website. Collectively, the Products and the Website are referred to as the “Service.” By using the Romance Jumpstarters Website or purchasing any Romance Jumpstarters Products, you are entering into a binding contract with Romance Jumpstarters.

This contract is referred to throughout this Terms document as the “Agreement” and includes the Terms themselves plus any additional terms related, but not limited, to disclaimers of warranty, limitations of liability, waiver of class action, agreement to submit claims to arbitration, privacy, and future modifications of the Agreement.

You acknowledge that you have read and understood the Agreement, that you accept the Agreement, and that you promise to be bound by it. Further, you acknowledge that you reside in the United States, are at least 18 years old, are legally able to enter into binding contracts, and that you are not prohibited by any applicable laws from entering into binding contracts.
Additionally, you promise that any information you submit to Romance Jumpstarters is true, accurate, complete, and up to date.

If you disagree with the Agreement, or cannot comply with it, or reject it, and/or are disqualified from being a party to it, then you may not access, purchase, and/or use any Romance Jumpstarters Products.

Changes to the Agreement

From time to time, Romance Jumpstarters may make changes to the Agreement. Romance Jumpstarters reserves the right to make changes to the Agreement. You have no right to make changes to the Agreement. You will be notified by email or by publication at the Romance Jumpstarters website if changes materially affect the Agreement. If, after receiving notification of the changes you continue to use the Service, your continued use will signify that you accept the changes. Accordingly, you must carefully and fully read any such notification of changes to the Agreement.

Enjoying Romance Jumpstarters

You can enjoy the Service in the following ways:

1. Downloadable content
Romance Jumpstarters offers pre-written Love Letters that you give or send to a person or persons of your choice. After selecting your desired Love Letter from the Romance Jumpstarters catalog, you download it and present it to the intended recipient by emailing, texting, or direct messaging it from your device. Alternatively, and to make it more personalized, you download the Love Letter and then copy it in your own handwriting onto paper before presenting it or sending it via surface mail. Yet another alternative is to audio-record or video-record a verbal reading of the downloaded Love Letter.

Romance Jumpstarters Love Letters are copyrighted by Romance Jumpstarters; however, each downloaded Love Letter includes a license granting you the right make reasonable edits or revisions in order to fit the Love Letter for your intended purpose and use.

You are also granted license to post to the internet or otherwise republish each love letter you procure from us IF you credit Romance Jumpstarters as the author. The credit line must be plainly visible and legible. The credit line must state the following: “Copyright 2021 Romance Jumpstarters, https://romancejumpstarters.com”. You needn’t credit Romance Jumpstarters if you are giving or sending a downloaded Love Letter to just one person.

You may not republish or otherwise post a Love Letter for any commercial purpose. Romance Jumpstarters Love Letters are for personal, non-commercial use only. YOU ARE EXPRESSLY PROHIBITED FROM OFFERING ANY ROMANCE JUMPSTARTERS LOVE LETTER FOR SALE, RESALE, TRADE, OR BARTER WITHOUT OUR WRITTEN CONSENT.

Love Letters must be purchased prior to downloading them unless otherwise marked as free of charge. The price of each Love Letter is published at the Romance Jumpstarters website.

2. Special products and promotions

Romance Jumpstarters may offer special products and promotions to help you better enjoy the Service.

Gift cards providing pre-paid access to Romance Jumpstarters Love Letters may be available for purchase at the Romance Jumpstarters website. Also offered from time to time may be special discounts on the prices of Romance Jumpstarters Products.

Romance Jumpstarters reserves the right to at any time and for any reason modify, terminate, or otherwise amend any offer of special products and promotions.

Romance Jumpstarters is not responsible for special products and promotions provided by third parties and you should be aware that such offerings may be accompanied by the third parties’ own binding terms and conditions with which you must agree to fully comply.

Using the Romance Jumpstarters Service

The Romance Jumpstarters Service is the property of Romance Jumpstarters. Romance Jumpstarters grants you limited, non-exclusive, revocable permission to make use of the Service, and grants you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Products (collectively, "Access"). Romance Jumpstarters reserves the right to revoke Access at any time and for any reason, with or without cause. You promise and agree that you are at least 18 years of age. You further promise and agree that you are using the Service for your own personal, non-commercial use and that you will not redistribute or transfer the Service, except as permitted by the Agreement.

The Romance Jumpstarters trademark, logo, domain name, and any other features of the Romance Jumpstarters brand ("Brand Features") are the sole property of Romance Jumpstarters. You may not use the Brand Features for either commercial or non-commercial purposes.

Except for the rights expressly granted to you in the Agreement, Romance Jumpstarters grants no right, title, or interest to you in the Service. Further, you agree to refrain from using the Service in any manner not expressly authorized by the Agreement. Additionally, you agree to abide by the User Guidelines published in this Agreement.

Third-Party applications

The Romance Jumpstarters Service may interact with third-party applications, websites, and services ("Third-Party Applications") to make the Romance Jumpstarters Service available to you. You understand and agree that Romance Jumpstarters does not endorse and is not responsible or liable for the behavior, features, or content of Third-Party Applications or for any transaction into which you may enter with the provider of any such Third-Party Applications. You also understand and agree that Romance Jumpstarters does not warrant the compatibility or continuing compatibility of these Third-Party Applications with the Romance Jumpstarters Service. Further, you understand and agree that these Third-Party Applications may have their own terms, conditions, and policies to which you will become subject if you use these Third-Party Applications.

Rights you grant to Romance Jumpstarters

As consideration for the rights granted to you under the Agreement, you grant Romance Jumpstarters and its assigns the right to:

  • Use the processor, bandwidth, and storage hardware on your computer, phone, or other device to facilitate operation of the Service;
  • Provide advertising and other information to you through the Service; and
  • Use without restriction or payment to you any feedback, ideas, or suggestions you submit to Romance Jumpstarters.


User guidelines

Listed in this section are the rules you must follow when using the Romance Jumpstarters Service.

It is a violation of the Agreement if you for any reason whatsoever:

  • Infringe upon the intellectual property rights (such as copyright) of Romance Jumpstarters by copying, imaging, recording, transferring, performing, displaying, redistributing, reproducing, broadcasting, or otherwise making available to the public any part of the Romance Jumpstarters Service, except as expressly permitted under the Agreement or applicable law;
  • Reverse-engineer, decompile, disassemble, modify, or create derivative works of the Romance Jumpstarters Service, except as expressly permitted under the Agreement or applicable law;
  • Circumvent any technology used by Romance Jumpstarters or any third party to protect the Romance Jumpstarters Service;
  • Sell, rent, sublicense, or lease of any part of the Romance Jumpstarters Service;
  • Circumvent any territorial restrictions applied by or to Romance Jumpstarters;
  • Manipulate the Romance Jumpstarters Service by using any bot, script, or other automated process;
  • Remove or alter any copyright, trademark, or other intellectual property notices attached to the Romance Jumpstarters Service;
  • Create, distribute, or use tools or methods to circumvent or block advertisements in the Romance Jumpstarters Service;
  • Use any automated means (including bots, scrapers, and spiders) to view, access, "crawl," or collect information from Romance Jumpstarters or the Service;
  • Unlawfully obtain the personal data of other users of the Service;
  • Fraudulently, falsely, deceptively, or misleadingly gain access to and make use of the Service;
  • Abet or facilitate the transmission via the Service of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
  • Interfere with or in any way disrupt the Service; or
  • Tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the Service, the computer systems upon which it is operated, the network over which it is carried, or the security components, authentication measures, or any other protection measures applicable to the Service.

You acknowledge and agree that violation of any of the above User Guideline rules may result in immediate termination or suspension of your rights to utilize the Service and purchase Romance Jumpstarters Products.

Infringement

Every reasonable effort is made to ensure that Romance Jumpstarters Love Letters do not violate the intellectual property rights of others. If you believe a Love Letter violates the intellectual property rights of you or of others, then you should submit to Romance Jumpstarters a formal notification of the matter. Romance Jumpstarters may in its sole discretion remove that Love Letter from the Service, or take other steps that Romance Jumpstarters deems appropriate, without prior notification to the intellectual property owner or other parties, to resolve the matter.

Service limitations and modifications

Romance Jumpstarters will make reasonable efforts to keep the Service operational. However, certain technical difficulties within and outside the control of Romance Jumpstarters, as well as periodic maintenance, updating, or testing, may result in temporary interruptions of the Service. Romance Jumpstarters reserves the right to temporarily or permanently modify or discontinue functions and features of the Service, with advance notice where possible, all without liability to you (except as prohibited by law). You understand and agree that Romance Jumpstarters has no obligation to maintain, support, upgrade, or update the Service, or to provide Products through the Service. From time to time, Romance Jumpstarters may without notice discontinue and remove specific Products from the Service.

Customer support

If you have questions about the Service or need assistance with a purchase, please send an email to Romance Jumpstarters. In that email, please ask your question or describe your assistance request as clearly and completely as possible. The Romance Jumpstarters’ email address is published at the end of this document and also at the “Contact” page of the Romance Jumpstarters Website. Reasonable effort will be made to timely respond to your request(s), but Romance Jumpstarters makes no promises to respond at all.

Export control

The Romance Jumpstarters Service may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions. These may include: the U.S. Department of Commerce’s Export Administration Regulations ("EAR"); the U.S. Department of Treasury’s Office of Foreign Assets Control ("OFAC"); and the U.S. Department of State’s International Traffic in Arms Regulations ("ITAR"). Therefore, you warrant that you are not located in any country that is subject to a United States-imposed goods embargo or by economic sanctions. You further warrant that no applicable export or re-export law or regulation or similar law applicable in other jurisdictions has designated you a denied party.

You agree to comply with all applicable export and re-export control laws and regulations. Specifically, you agree that you will not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any goods and/or services received from Romance Jumpstarters under the Agreement to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

Term and termination

The Agreement will continue to apply to you until terminated by either you or Romance Jumpstarters. However, you acknowledge and agree that the rights granted by you in relation to feedback, ideas, or suggestions you submit to Romance Jumpstarters as described in the “Rights you grant to Romance Jumpstarters” section above are irrevocable and will continue after termination of the Agreement. Romance Jumpstarters may terminate the Agreement or suspend your access to the Romance Jumpstarters Service at any time and for any reason, including your actual or suspected unauthorized use of the Romance Jumpstarters Service, your violation of the Agreement, or the discontinuation or withdrawal of the Service. If you or Romance Jumpstarters terminate the Agreement, or if Romance Jumpstarters suspends your access to the Service, you agree to hold Romance Jumpstarters harmless and that you are not entitled to a refund of any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreement at any time by contacting Romance Jumpstarters Customer Service via email at the address supplied at the end of this document and at the “Contact” page of the Romance Jumpstarters Website. This section will be enforced to the extent permissible by applicable law. All sections of the Agreement that either explicitly or by their nature must remain in effect even after termination of the Agreement, shall survive termination.

General disclaimer

YOU UNDERSTAND AND AGREE THAT ROMANCE JUMPSTARTERS PRODUCTS ARE FOR ENTERTAINMENT PURPOSES ONLY. YOU FURTHER UNDERSTAND AND AGREE THAT ROMANCE JUMPSTARTERS MAKES NO PROMISES OR GUARANTEES THAT ANY ROMANCE JUMPSTARTERS PRODUCT YOU USE WILL INDUCE, CAUSE, OR COMPEL ANOTHER PERSON TO:

  • ACKNOWLEDGE YOUR EXISTENCE;
  • COMMUNICATE OR OTHERWISE ENGAGE WITH YOU IN A FAVORABLE WAY OR AT ALL;
  • DEVELOP OR INCREASE AN EMOTIONAL ATTACHMENT TO YOU;
  • DEVELOP OR INCREASE AFFECTION FOR OR ATTRACTION TO YOU;
  • DEVELOP OR INCREASE SEXUAL DESIRE FOR YOU;
  • BECOME OR REMAIN YOUR FRIEND, LOVER, SEX PARTNER, DOMESTIC PARTNER, SPOUSE, OR OTHER RELATIONSHIP TYPE.

ADDITIONALLY, YOU UNDERSTAND AND AGREE THAT YOU USE ROMANCE JUMPSTARTERS PRODUCTS AND WEBSITE AT YOUR OWN RISK. THE RISKS INCLUDE BUT ARE NOT LIMITED TO:

  • REJECTION
  • HUMILIATION
  • DEFAMATION
  • ACCUSATIONS OR RECRIMINATIONS
  • REPRISALS
  • CRIMINAL ARREST AND IMPRISONMENT
  • CIVIL LITIGATION
  • EMPLOYMENT TERMINATION
  • ALIENATION OF AFFECTIONS
  • TERMINATION OF EXISTING RELATIONSHIP(S)

Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE ROMANCE JUMPSTARTERS SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. ROMANCE JUMPSTARTERS MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ROMANCE JUMPSTARTERS DOES NOT WARRANT THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, ROMANCE JUMPSTARTERS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS AND SERVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED, OR OFFERED BY A THIRD PARTY ON OR THROUGH THE ROMANCE JUMPSTARTERS SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ROMANCE JUMPSTARTERS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM ROMANCE JUMPSTARTERS SHALL CREATE ANY WARRANTY ON BEHALF OF ROMANCE JUMPSTARTERS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation and time for filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE ROMANCE JUMPSTARTERS SERVICE IS TO STOP USING THE SERVICE. YOU AGREE THAT ROMANCE JUMPSTARTERS HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE ROMANCE JUMPSTARTERS SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO ROMANCE JUMPSTARTERS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD-PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD-PARTY APPLICATIONS.

IN NO EVENT WILL ROMANCE JUMPSTARTERS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT) IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ROMANCE JUMPSTARTERS SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATIONS CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER ROMANCE JUMPSTARTERS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ROMANCE JUMPSTARTERS SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATIONS CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO ROMANCE JUMPSTARTERS DURING THE PRIOR TWELVE MONTHS IN QUESTION.

Nothing in the Agreements removes or limits Romance Jumpstarters’ liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

YOU AGREE THAT ANY CLAIM AGAINST ROMANCE JUMPSTARTERS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Third-party rights

You acknowledge and agree that the Agreement is not intended to grant rights to anyone except you and Romance Jumpstarters, and that in no event shall the Agreement create any third-party beneficiary rights, except as described in this section. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreement are not subject to the consent of any other person.

The Romance Jumpstarters Service is made available to you by Shopify. This Agreement is between you and Romance Jumpstarters only, not with Shopify, and Shopify is not responsible for the Romance Jumpstarters Service and the content thereof. Shopify is not responsible for addressing any claims by you or any third party relating to the Romance Jumpstarters Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Shopify is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Romance Jumpstarters Service and/or your possession and use of Romance Jumpstarters Products infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Shopify is a third-party beneficiary of this Agreement, and upon your acceptance of this Agreement, Shopify will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Romance Jumpstarters, the Agreement constitutes all the terms and conditions agreed upon between you and Romance Jumpstarters and supersedes any prior agreements in relation to the subject matter of this Agreement, whether written or oral.

Please note, however, that certain aspects of your use of the Romance Jumpstarters Service may be governed by additional agreements. That could include, for example, the right to download Love Letters as a result of a gift card. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreements, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability, waiver, and interpretation

Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Romance Jumpstarters or any third-party beneficiary to enforce the Agreement or any provision thereof shall not waive Romance Jumpstarters’ or the applicable third-party beneficiary's right to do so.

Assignment

Romance Jumpstarters may assign the Agreement, and any of its rights under the Agreement, in whole or in part, and Romance Jumpstarters may delegate any of its obligations under the Agreement. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

Indemnification

You agree to indemnify and hold Romance Jumpstarters harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreement; (2) any activity in which you engage in or through the Romance Jumpstarters Service; and (3) your violation of any law or the rights of a third party.

Choice of law and venue

The Agreement (and any non-contractual disputes/claims arising out of or in connection with it) is subject to the laws of the state of California, United States of America, without regard to choice or conflicts of law principles. Further, you and Romance Jumpstarters agree to the jurisdiction of the Northern District of California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement (and any non-contractual disputes/claims relating to or arising in connection with it) and is not subject to mandatory arbitration under Item 2 of this section.

Arbitration Agreement

This Arbitration Agreement applies only to users in the United States. You and Romance Jumpstarters agree that any dispute, claim, or controversy between you and Romance Jumpstarters arising in connection with or relating in any way to this Agreement or to your relationship with Romance Jumpstarters as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be determined by mandatory binding individual (not class) arbitration. You and Romance Jumpstarters further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.

You and Romance Jumpstarters agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit your rights and/or the rights of Romance Jumpstarters, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or Romance Jumpstarters from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Romance Jumpstarters on your behalf (or vice versa).

YOU AND ROMANCE JUMPSTARTERS 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 ACTION. Unless you and Romance Jumpstarters agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

Arbitration proceedings may be initiated by either you or Romance Jumpstarters. The arbitration will be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA") that are applicable at the time of the request for proceedings is filed and as modified by this Arbitration Agreement. You and Romance Jumpstarters agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). You may obtain a copy of the Consumer Arbitration Rules as well as instructions on how to file an arbitration proceeding by visiting www.adr.org or by calling the AAA at (800) 778-7879.
If the claim is for $25,000 or less, the arbitration hearing or hearings will take place in the county (or parish) of your billing address and you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) by teleconference or telephone; or (3) by an in-person hearing in accordance with the AAA Rules for the county (or parish) of your billing address.

You will be responsible for paying any required fees to file the arbitration proceeding. Romance Jumpstarters will not reimburse you for that filing fee. Unless otherwise required by the Consumer Arbitration Rules or by court order, Romance Jumpstarters will not pay any other arbitration fees, including your share of arbitrator compensation.

Written notice of arbitration procedure filing must be sent by the filing party to the other party. Notice must be sent via either United States Postal Service certified mail, Federal Express, or UPS. Romance Jumpstarters’ address for notice is: Romance Jumpstarters, 11310 Prospect Dr., Suite 89, Jackson, California 95642, U.S.A. In the event Romance Jumpstarters’ does not have your physical address on file, notice will be sent to you via electronic mail. Notice must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought ("Demand"). You and Romance Jumpstarters agree to use good faith efforts to resolve the claim directly and without arbitration. However, arbitration proceedings may begin if resolution of the claim or dispute cannot be achieved within 30 days of receipt of notice. You or Romance Jumpstarters may make a settlement offer to the other party at any time during the arbitration; however, the amount offered shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by both parties and shall not be used for any purpose other than the arbitration or enforcement of the arbitrator's decision and award; however, any such confidential document or information may be disclosed to persons who have a legitimate need to know related to the arbitration or as required by applicable law.

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the “Choice of Law” section above shall govern any claim in court arising out of or related to the contract created by your use of the Romance Jumpstarters Service.

How to contact us

Questions about the Romance Jumpstarters Service or the Agreements should be emailed to Romance Jumpstarters at the email address listed on the “Contact” page of the Romance Jumpstarters website.

California residents may request to receive by electronic mail a copy of the Agreement. Request a copy by sending a letter to Romance Jumpstarters, 11310 Prospect Dr., Suite 89, Jackson, California 95642, U.S.A. State in your letter that you are requesting a copy of the Agreement and include your email address. Under California Civil Code Section 1789.3, you may obtain help resolving complaints about the Romance Jumpstarters Service by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. Contact the Complaint Assistance Unit by writing to 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephoning toll-free (800) 952-5210.