Terms of Use

Make sure you are qualified to access our Services before setting up a YES Inc. account. This Section also outlines the rights that you provide to YES Inc. when using the Services, as well as what you can and cannot do.

If any of the following are false, you are not permitted to register an account or use our Services. By using our Services, you represent and warrant that:

1. You are at least 18 years old.
2. You are legally able to enter into a binding contract with YES Inc.
3. You are looking to explore experiences with other single adults.
4. You do not reside in a nation that is subject to a United States embargo or that the United States government has identified as “supporting terrorism.”
5. You are not included on any list of people whose trade with the United States is restricted.
6. You are not prohibited by law from using our services.
7. Unless you have been granted clemency for a non-violent crime and we have concluded that you are unlikely to pose any threat to other users of our Services, You have not committed a felony, an indictable offense (or a criminal with a similar level of seriousness), a sex offense, or any other crime involving violence or the threat of violence.
8. No local, state, or federal sex offender registry requires you to register as a sex offender.
9. You do not have more than one account on our Services.
10. Unless you have our express written permission to create a new account, you have not previously been removed from our Services or affiliates’ services by us or our affiliates.

You must promptly deactivate your account and we reserve the right to remove your access to our services without prior notice if at any point you are unable to comply with these conditions, in which case all access to our Services or systems is automatically canceled.

You agree to:

• Comply with these Terms and check this page regularly to ensure you are aware of any changes.
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.
• Use the latest version of the Website and/or App.
• Show consideration and respect for other users, both on and off our Services, and follow our Member Principles.
• Show courtesy while speaking with any of our customer service agents or other staff members.
• Review the Safe Dating Tips.
• Take reasonable measures to safeguard your login information.
• Include at least one photo of your face to help you present yourself in a respectful and genuine way.

You agree that you will not:

• Misrepresent your identity, age, present or prior employment status, credentials, or associations with a person or organization.
• Use the Services in any way that damages or compromises the Services or prevents their use by other users.
• Use our services in any way that disrupts, interferes with, or adversely affects the platform, servers, or networks that support our services.
• Use our Services for any harmful, illegal, or unethical purpose.
• Harass, browbeat, stalk, intimidate, hurt, or otherwise treat someone badly.
• Post or share any Prohibited Content (see below).
• Solicit money or other valuables from another user, either as a gift, a loan, or any other form of payment.
• Use another user’s account.
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice.
• Violate the terms of the license granted to you by YES Inc. (see Section 6 below).
• Disclose proprietary or private information for which you lack the necessary authorization to do so.
• Use any Member Content or Our Content, as well as any copyrighted images, trademarks, trade names, logos, service marks, branding, or any other form of intellectual property or proprietary content available through our Services, without YES Inc.’s prior written consent; copy, modify, transmit, distribute, or produce any derivative works from any of these.
• Express or suggest that any statements made by you are endorsed or approved by YES Inc.
• Access, retrieve, index, “data mine,” or otherwise replicate or bypass the navigational layout or presentation of our Services or their contents using any robot, crawler, site search/retrieval program, proxy, or other human or automatic device, method, or process.
• Upload malware or other harmful code or take other actions that jeopardize the integrity and security of our services.
• Fabricate headers or in any way tamper with identifiers to mask the source of any data sent to or via our Services.
• “Frame” or “mirror” any part of YES Inc.’s Services without our prior written consent.
• Use meta tags, code or other information referencing YES Inc. or its platform (or any trademarks, trade names, service marks, logos or slogans belonging to YES Inc.) to direct anyone to any other website for any purpose.
• Alter any part of our services by reverse engineering, adapting, sublicensing, translating, selling, deciphering, compiling, or otherwise disassembling them, or assist others in doing so.
• Use, develop, or create any third-party applications to interact or integrate with any of our Services or Member Content or personal information without the written consent of YES Inc.
• Utilize, gain access to, or distribute the YES Inc. application’s programming interface without first receiving our explicit approval.
• Examine, scan, or test the susceptibility of any system or network, including our Services.
• Encourage, promote, engage in, or agree to engage in any action in violation of these Terms.
• Open a new account after your current one is suspended or terminated, unless we specifically consent.

If you carry out any of the aforementioned actions, the license granted to you under these Terms and any permission to access our Services are immediately withdrawn.

Prohibited Content—YES Inc. prohibits the upload or sharing of any content that:

• Might be considered insulting or disturb, agitate, embarrass, alarm, or offend another individual.
• Is vulgar, pornographic, violent, contains nudity or otherwise might violate someone’s decency.
• Is abusive, threatening, insulting, or discriminating, or that supports or fosters bigotry, racism, sexism, or other forms of prejudice.
• Supports or aids any unlawful activity, including but not limited to terrorism or inciting racial or ethnic hatred, or whose submission would be unlawful in and of itself.
• Is in any way defamatory, libelous, or untrue.
• Relates to any commercial activity (such as, but not limited to, sales, contests, promotions, and advertising, service solicitation, links to other websites, or premium-rate phone numbers).
• Involves the transmission of “junk” or “spam” email.
• Contains viruses, spyware, adware, corrupt files, worm programs, or any other form of malicious code intended to obstruct, limit, or disrupt the functionality of any software, hardware, telecommunications, networks, servers, or other equipment. This includes Trojan horses or other malicious code.
• Violates the rights of any third party, particularly those related to privacy and intellectual property.
• Was not created by you or was generated automatically, unless specifically permitted by YES Inc.
• Includes the image or likeness of another person without that person’s consent (or the consent of a minor’s parent or guardian), or includes the image or likeness of a minor unaccompanied by a parent or guardian.
• Is inconsistent with the intended use of the Services.
• Could potentially harm the reputation of YES Inc. or its affiliates.

You run the risk of having your account immediately suspended or terminated if you upload or share content that is against these terms (“Prohibited Content”).

It’s crucial that you are aware of your obligations and rights as they relate to the content on our Services, including any content you contribute or post. Posting improper content is strictly forbidden.

While using YES Inc.’s Services, you will have access to: (i) content you personally upload or provide while using our Services (“Your Content”); (ii) content other users upload or provide while using our Services (“Member Content”); and (iii) content that YES Inc. delivers on and through our Services (“Our Content”). In this agreement, the term “content” includes, without limitation, all text, images, video, audio, or other material accessed on our Services, including information contained in user profiles and in direct user-to-user messages.

3a. RESPONSIBILITY OF YOUR CONTENT

Your Content is your responsibility. Do not share information that you would not want others to view, that would violate the terms of this Agreement, or that could put you or us in danger of legal trouble.

You acknowledge that Your Content is completely your responsibility and liability and that you will pay, defend, release, and hold YES Inc. harmless from any claims arising from Your Content.

You assure us that the data you give to us or any other user is true and correct, including any data you give us via Facebook or other third parties (where applicable), and you promise to update your own account information as needed to maintain its accuracy.

Your personal profile’s content should be pertinent to how you plan to utilize our services. Any personal contact or financial information, including name, home address or postal code, phone number, email address, URL, credit or debit card or other banking details, may not be displayed, whether it relates to you or another person. You do so at your own discretion and risk if you decide to make any personal information about yourself available to other users. Any time you disclose personal information online, we urge you to proceed with caution.

Make sure you feel comfortable revealing Your Content before submitting it, because other users will be able to see your profile. You understand and accept that other users may read Your Content and that they may share Your Content with others in violation of these Terms. By submitting Your Content, you automatically grant us a license to use Your Content in accordance with Section 7 below and represent and warrant to us that you hold all required rights and licenses to do so.

You acknowledge and accept that we have the right, at any time, in our sole discretion, to monitor or evaluate Your Content. Furthermore, we may remove, alter, limit, block, or otherwise restrict access to Your Content. Additionally, you acknowledge and concur that we are not obligated to show or examine Your Content.

3b. OTHER MEMBERS CONTENT

Although you are allowed access to Member Content, this content is not your property. You are not allowed to copy or use this content in any other way than as specified by these Terms.

Without YES Inc.’s specific permission, you have no rights in connection to Member Content, and you are only permitted to use it in ways that are compatible with the goal of our Services, which is to let users to connect and enjoy experiences with each other. You are not permitted to duplicate member content or utilize member content for profit, spam, harassment, or threatening behavior. If you abuse Member Content, we have the right to close your account.

3c. OTHER CONTENT

YES Inc. owns all content on our Services except the content created by its members.

Any additional text, content, graphics, user interfaces, trademarks, logos, branding, sound effects, visual artwork, images, displays, and other intellectual property that appears on our Services is our property, is under our control, or is used with our permission. These items are covered by copyright, trademark, and other intellectual property law protections. We will always hold all of the legal rights, titles, and interests in and to Our Content.

We grant you a limited license to access and use Our Content as provided under Section 6 below. YES Inc. reserves all other rights.

YES Inc. does not accept inappropriate behavior or content

We are dedicated to upholding a supportive and respectful community on YES Inc., and we will not put up with any unacceptable behavior, whether it occurs on or off the Services (including, but not limited to, those services operated by our affiliates). Please feel free to report any offensive Member Content or user misconduct. By pressing the three dots on the date detail screen and choosing “Report,” you can report a user directly. You may file a report by clicking here as well.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. To file a complaint concerning Member Content that may constitute intellectual property infringement, please see Section 11 (Digital Millennium Copyright Act) below.

Please read our Privacy Policy to learn more about how YES Inc. and its affiliates gather, utilize, and share your personal data. You consent, by accessing or using our Services, to our use of your personal information in line with YES Inc.’s Privacy Policy.

YES Inc. grants you the right to access and use our Services, subject to these Terms.

YES Inc. provides you a personal, global, royalty-free, non-exclusive, revocable, and non-sublicensable license to use and enjoy our Services for the reasons specified by YES Inc. and permitted under these Terms and relevant laws, so long as you abide by these Terms. In the event you violate these Terms, this license and any permission to use our Services are immediately canceled.

While you retain ownership of all the content you give YES Inc., you also give us permission to use it in the ways described in this Agreement. By registering for an account with us, you give YES Inc. a perpetual, transferable, sublicensable, right and license to host, store, use, display, copy or reproduce, adapt, revise, publish, translate, adjust, reformat, incorporate elsewhere, advertise, distribute and otherwise disseminate Your Content to the public, including any data you authorize us to access from Facebook or any other third parties (if applicable), either in whole or in part. YES Inc. shall have a non-exclusive license to Your Content, with the exception of derivative works produced using our Services, for which YES Inc. shall have an exclusive license. For instance, YES Inc. would be given the sole right to use screenshots of our Services that might include Your Content.

You also permit YES Inc. to intervene on your behalf with regard to unlawful uses of Your Content obtained from our Services by other users or third parties so that YES Inc. can stop such uses from occurring outside of our Services. This clearly includes the right—but not the duty—to send DMCA takedown notifications on your behalf in the event that third parties utilize Your Content outside of our Services in accordance with 17 U.S.C. 512(c)(3). YES Inc. is not required to take action in response to how any other user or third party is using Your Content.

You agree that YES Inc. and its affiliates and third-party partners may display advertising on our Services in exchange for YES Inc. enabling you to use our Services. By giving YES Inc. recommendations or feedback regarding our services, you consent to YES Inc. using and sharing that information without paying you anything.

You acknowledge and agree that YES Inc. may at any time access, preserve, and disclose your account information, including Your Content, as necessary to: (i) comply with legal proceedings; (ii) enforce these Terms; (iii) address any claims that of content violating the rights of third parties; (iv) attend to your customer service needs; or (v) protect the rights, property, or well-being and safety of YES Inc., its users, or the public.

Here’s what you need to know if you decide to stop using our Services or if your account is terminated by us for any reason.

You may delete your account at any time by accessing the App, going to the “Profile” tab, selecting “Account” (the gear icon), and scrolling to the bottom. 

If YES Inc. suspects that you have broken our Terms, misused our Services, or acted in a manner that YES Inc. deems improper or illegal, on or off our Services, YES Inc. reserves the right to conduct an investigation and, if necessary, suspend or delete your account. Without incurring any liability and without being required to give you any notice, we reserve the right to use any individual, technological, legal, and other measures at our disposal to enforce these Terms, including but not limited to denying you access to the Services.

These Terms will continue to be binding between you and YES Inc. even if your account is closed for any reason. Our Privacy Policy will determine how long we keep and erase your information.

Users are not subjected to criminal background checks or identity verification on YES Inc. When engaging with others, exercise sound judgment and have a look at our Safe Dating Tips.

YOU UNDERSTAND THAT YES INC. DOES NOT INVESTIGATE THE BACKGROUND OF ITS USERS OR CONDUCT IDENTITY VERIFICATION OR CRIMINAL BACKGROUND CHECKS ON ITS USERS. YES INC. MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACTIVITIES, IDENTITY, INTENTIONS, LEGALITY, OR VERACITY OF USERS. YES INC. RESERVES THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEARCHES OF SEX OFFENDER REGISTRIES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. YOU ALSO AUTHORIZE YES INC. TO CONDUCT SUCH ACTIVITIES, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. YOU HEREBY AUTHORIZE YES INC. TO OBTAIN, ACCESS, AND USE A CONSUMER REPORT ON YOU TO DETERMINE YOUR ELIGIBILITY UNDER THE TERMS HEREIN IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY.

ALL LIABILITY FOR YOUR COMMUNICATIONS WITH OTHER USERS OF THE SERVICE REMAINS WITH YOU. CRIMINAL BACKGROUND CHECKS, SEX OFFENDER SCREENINGS, AND OTHER TOOLS ARE NO SUBSTITUTE FOR ADHERING TO THE SAFE DATING TIPS AND OTHER REASONABLE SAFETY PRECAUTIONS AND DO NOT GUARANTEE YOUR SAFETY. WHILE CONTACTING OR MEETING NEW PEOPLE, ALWAYS EXERCISE SOUND JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY YES INC., MAY RESULT FROM USERS WHO ARE ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, HARASSMENT, ABUSE OR OTHER SUCH BEHAVIOR.

Despite its best efforts to promote an enjoyable user experience, YES Inc. disclaims any liability for any user’s actions on or off the Service. You consent to exercising caution whenever interacting with other users, especially if you choose to do so offline or in person

The services offered by YES Inc. are given “as is,” and we cannot and will not make any claims regarding their features or content.

WITHIN THE BOUNDS OF THE APPLICABLE LAW, YES INC. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE (AND ALL CONTENT WITHIN THE SERVICES). THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YES INC. DOES NOT WARRANT OR REPRESENT (A) THAT OUR SERVICES WILL BE SECURE, UNINTERRUPTED, OR FREE FROM ERROR, (B) THAT ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DETECTED OR RESOLVED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ENTIRELY ACCURATE OR SUITABLE FOR YOUR PURPOSES. YES INC. ALSO MAKES NO PROMISES REGARDING THE NUMBER OF ACTIVE USERS AT ANY TIME, USERS’ ABILITY OR WISH TO CONTACT OR MEET YOU, OR THE COMPATIBILITY WITH OR BEHAVIOR OF USERS YOU MEET THROUGH THE SERVICES.

YES INC. DOES NOT ASSUME RESPONSIBILITY FOR ANY OF THE CONTENT THAT YOU, ANOTHER USER, OR THIRD-PARTY POSTS, TRANSMITS, OR RECEIVES THROUGH OUR SERVICES. YES INC. ALSO DOES NOT ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENT, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU COMMUNICATE.

YOU MAY ACCESS ANY CONTENT DOWNLOADED OR OTHERWISE GAINED VIA THE USE OF OUR SERVICES AT YOUR OWN RISK AND JUDGMENT. YES INC. IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SOFTWARE OR HARDWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, DAMAGE FROM A SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, HACKING, FRAUD, ERROR, DEFECT, OMISSION, INTERRUPTION, OR DELAY IN OPERATION.

We treat violations of copyright extremely seriously. We need your assistance to make sure we take swift, decisive action.

In compliance with the Digital Millennium Copyright Act (the “DMCA”), YES Inc. has implemented the following policy against copyright infringement. Please send a “DMCA Takedown Notice” claiming that any Member Content or any of Our Content violates your intellectual property rights if you think that it has done so. This notice should include the following:

A written or electronic signature of a representative with the authority to act on behalf of the holder of the purportedly infringing exclusive right;

Identification of the allegedly infringed copyrighted work or, in the case of numerous allegedly infringing works at a single website, a representative list of those works;

Clear and sufficient identification of the allegedly illegal or subject to illegal conduct material that has to be removed or access restricted, so that the service provider can find the item;

Information that is at least adequate to allow the service provider to get in touch with you, including your address, phone number, and email address;

A declaration that you genuinely believe the copyright holder, its agent, or the law has not given permission for the use of the content in the way complained of;

An affirmation that you have the owner’s consent to act on their behalf and that the information in the notification is correct, both of which must be made under penalty of perjury. All DMCA Takedown Notices should submitted here or via mail to: YES Inc. c/o Legal, 30 N. Gould St. Suite R Sheridan, WY 82801.

YES Inc. will terminate the account of any repeat offender.

Our App contains advertisements, just as many other subscription-based services.

Links to external websites or resources as well as ads and promotions from third parties may be found on our Services. In its material, YES Inc. may also provide non-commercial links or references to other sources. YES Inc. disclaims all liability for any other websites, resources, or the contents therein, including their accessibility (or lack thereof). Furthermore, YES Inc. disclaims all liability and support for any goods or services made available through external websites or resources. The terms of any third parties you choose to engage with through our Services will govern your relationship with them. The terms or deeds of such third parties are not the responsibility or liability of YES Inc.

Our App contains an opt-in to SMS notifications.

1. Yes sends important notifications about upcoming events, date activity and user interactions.

2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by submitting a ticket: https://howitbegins.com/reach-out/.

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages weekly or daily depending upon your preferences. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our privacy policy: https://howitbegins.com/privacy-policy/

The scope of YES Inc.’s liability is governed solely by applicable laws.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YES INC., ITS AFFILIATES, EMPLOYEES, LICENSEES, OR SERVICE PROVIDERS BE HELD LIABLE OR RESPONSIBLE FOR ANY DAMAGES, WHETHER INDIRECT, CONSEQUENTIAL, EXORBITANT, INCIDENTAL, SPECIAL, PUNITIVE, MONETARY, OR ENHANCED, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, INCURRED EITHER DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES THAT MIGHT RESULT FROM: (i) YOUR ACCESS TO OR USE OF THE SERVICE OR YOUR INABILITY TO DO SO (ii) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THESE SERVICES, OR (iii) ANY UNAUTHORIZED USE OF, ACCESS TO, OR MODIFICATION OF YOUR CONTENT, EVEN IF YES INC. HAS BEEN INFORMED OF THE POSSIBLE EXISTENCE OF SUCH HARM. IN NO WAY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILL YES INC.’s TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO YES INC. FOR SERVICES DURING THE TWENTY-FOUR (24) MONTHS IMMEDIATELY PRECEDING THE DATE YOU INITIALLY FILE A LAWSUIT, ARBITRATION OR OTHER LEGAL PROCEEDING AGAINST YES INC., WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE LIMITATION OF DAMAGES SPECIFIED IN THE PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF CLAIMED BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH REGARD TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SPECIFIED IN THIS SECTION WILL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL TO ACHIEVE THEIR ESSENTIAL PURPOSE. A PORTION OR ALL OF THE EXCLUSIONS AND LIMITATIONS WITHIN THIS SECTION MAY NOT APPLY TO YOU, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

In the unlikely event of a legal dispute, here is how the Parties shall agree to proceed, except where prohibited by applicable law.

14a. INFORMAL DISPUTE RESOLUTION PROCESS

Please get in touch with YES Inc. Customer Service if you are unhappy with our services for any reason so that we can try to address your issues without using a third party. These terms will be relevant if you decide to pursue a dispute, claim, or issue with “YES Inc.” refers to our affiliates, staff members, licensors, and service providers for the purposes of this informal dispute resolution process and the arbitration procedures outlined in this section of this agreement.

YES Inc. values its relationship with you and appreciates the mutual benefit of informally resolving Disputes (as delineated below). Before formally pursuing a Dispute in arbitration or small claims court, you hereby agree to first send a detailed notice (“Notice”) to YES Inc. Legal, 30 N. Gould St., Ste R, Sheridan WY 82801. If YES Inc. has a Dispute with you, YES Inc. undertakes to send you a Notice first at the email address we have on file for you, or, in the absence of an email address, at another contact address connected to your account. All of the following details must be included in your Notice: (3) a thorough description of your Dispute, including the nature and factual basis of your claim(s), the relief you are seeking, and the amount of your alleged damages, along with (1) your full name; (2) identifying information that enables YES Inc. to locate your account, such as a picture or screenshot of your profile; and (3) a clear and detailed description of your Dispute, including the nature and factual basis of your claim(s) as well as the relief you are seeking with a detailed calculation of your alleged damages (if any).

This Notice shall be effective only upon your personal signature. YES Inc.’s Notice must also include a thorough explanation of its Dispute, including the nature and factual foundation of its claim(s), the relief it is requesting, and an estimate of our losses (if any). Then, as agreed upon by you and YES Inc., negotiations will take place in an effort to settle the Dispute. If YES Inc. wants a telephone call with you to address your Dispute as part of these good faith talks, you consent to attend in person and, if you are represented by counsel, with your lawyer. Likewise, YES Inc. agrees to send one representative if you ask for a phone conference to resolve your Dispute with YES Inc. The Dispute ought to be resolved as a result of this informal method. However, you or YES Inc. may begin an arbitration proceeding (subject to a Party’s right to elect small claims court as provided below) if this Dispute is not resolved within 60 days following receipt of a fully completed Notice and the Parties have not mutually agreed to extend this informal dispute resolution period.

Any demand for arbitration or small claims court action must be filed prior to beginning this informal dispute settlement. It is a violation of this Agreement to do otherwise. During the course of this informal dispute resolution procedure between you and YES Inc., the statute of limitations and any filing fee deadlines will be suspended. Judicial Arbitration and Mediation Services (“JAMS”), the arbitration provider, shall not accept or administer any demand for arbitration and shall close any arbitration proceeding unless the Party bringing such demand for arbitration certifies in writing that the terms and conditions of this informal dispute resolution process have been fully satisfied. This is unless prohibited by applicable law. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

14b. INDIVIDUAL RELIEF: CLASS ACTION AND JURY TRIAL WAIVER

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AND YES INC. EACH WAIVE THE RIGHT TO A JURY TRIAL AS WELL AS THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT AS SET FORTH ABOVE). YOU AND YES INC. EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR TO OTHERWISE SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTION AGAINST YES INC. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT, PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NEEDED TO EFFECTUATE FINAL RELIEF WARRANTED BY THAT PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR THE DECISION IS OTHERWISE RENDERED FINAL, THEN YOU AND YES INC. AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE RENDERED NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THE ARBITRATION AGREEMENT HEREIN.

14c. DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

Any dispute or claim between you and YES Inc. (which is not resolved informally by YES Inc. Customer Service or as set forth under subsection 14a above) that arises from or somehow relates to this Agreement (including an alleged breach thereof), the Services, or our relationship with you (collectively, “Dispute”), shall be resolved exclusively through BINDING INDIVIDUAL ARBITRATION except as otherwise specified in this Dispute Resolution Section. “Dispute,” as used in this Agreement, shall have the broadest possible meaning and will include claims that preceded the existence of this or any prior Agreement as well as claims that arose during the term of this Agreement or after its termination. Notwithstanding the foregoing, either you or YES Inc. may elect to pursue an individual claim in small claims court. If a request to proceed in small claims court is submitted after arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any dispute over the small claims court’s jurisdiction shall be determined by the small claims court. All other matters (except as otherwise specified herein) are exclusively for the Arbitrator to decide, including but not limited to the scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is submitted after an arbitrator has been appointed. If you or YES Inc. challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement with regard to your Dispute. However, such a determination shall not be considered binding with respect to YES Inc.’s other contracting parties.

Any court proceeding to enforce this Dispute Resolution Section 14, including any action to confirm, modify, or vacate an arbitration award, must be initiated in accordance with Section 16. If Dispute Resolution Section 14 is for any reason held to be unenforceable, any litigation against YES Inc. (except for actions brought in small claims court) may only be initiated in federal or state courts located in San Diego County, California. You hereby irrevocably consent to those courts’ personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

14d. INDIVIDUAL ARBITRATION AND MASS ARBITRATION PROTOCOLS

This subsection 13d applies to Disputes submitted to JAMS after completing the informal Notice and Dispute resolution process described in subsection 14a above and when no small claims court election is made by either Party. Any arbitration between you and YES Inc. shall be administered by JAMS in accordance with JAMS’s Comprehensive Dispute Resolution Rules and Procedures (the “JAMS Rules”) in effect at the time any demand for arbitration is filed with JAMS. For a copy of the JAMS Rules, please visit https://www.jamsadr.com/adr-rules-procedures/ or contact JAMS at 555 West Fifth Street, 32nd Floor, Los Angeles, CA 90013 or by email at rfeazell@jamsadr.com. If JAMS is unable or unwilling to discharge its duties under this Agreement, the parties shall mutually agree on an alternative administrator that will replace JAMS and assume its role consistent with this Agreement. If the parties are unable to agree on an administrator, they will petition a court of competent jurisdiction to appoint an administrator that will assume JAMS duties under this Agreement.

To the fullest extent allowable by law, the laws in the state of California, without regard to its conflict of laws rules, shall apply to any Dispute arising out of or relating to either this Agreement or our Services. For users residing outside of the United States, the choice of California governing law will not supersede any applicable consumer protection legislation in the jurisdiction in which you resided at the time you accepted this Agreement. Notwithstanding the foregoing, the Dispute Resolution Process specified in Section 14 shall be governed by the Federal Arbitration Act.

To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in San Diego County (except for claims filed in small claims court, or a jurisdiction where prohibited by law).

You agree to indemnify YES Inc. in the event a claim is filed against YES Inc. due to your actions.

To the extent permitted by law, you agree to defend, hold harmless, and indemnify YES Inc., our affiliates, as well as each of their and our respective officers, directors, representatives, agents, employees, and contractors from and against any grievances, demands, claims, damages, losses, costs, liabilities, and expenses. These include attorney’s fees that result from or arise out of your use of our Services, your Content, your conduct toward other users, or your violation of this Agreement.

By using our Services, you accept the Terms of this Agreement.

You agree to be governed by (i) these Terms, which we may alter periodically, (ii) our Privacy Policy, Cookie Policy, Member Principles, and Safe Dating Advice, and (iii) any Additional Terms Upon Purchase by using our Services, whether through a mobile device, mobile application, or computer. You are not permitted to use our Services if you do not accept or agree to be bound by all conditions of this Agreement.

All pronouns and their variations are to be understood as referring to the singular, plural, neuter, or masculine depending on the identity of the entities or people being referred to.

Privacy Policy, Cookie Policy, Member Principles, and Safe Dating Advice

This Agreement supersedes all previous agreements or understandings.

The Terms herein constitute the whole agreement between you and YES Inc. with respect to the use of our Services, together with the Privacy Statement, Cookie Statement, Member Principles, Safe Dating Advice, as well as any Additional Terms Upon Purchase. All prior written or oral representations, agreements, and arrangements between you and YES Inc. are superseded by The Terms. The remaining terms will remain in full force and effect even if one or more of them are found to be invalid, unlawful, or otherwise unenforceable. The Company shall not be deemed to have waived any right or term of these Terms that it does not exercise or enforce. You understand that your YES Inc. account is non-transferable and that all of your rights to your account and its content cease upon your death, unless otherwise specified. Any rights or licenses granted by this Agreement may not be transferred or assigned by you, but we may do so. No agency, partnership, enterprise, joint venture, fiduciary, employment, or other special relationship is formed by these Terms, and you are not authorized to bind or represent YES Inc. in any way.

Special terms apply in the states of Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin

For subscribers residing in New York:

• The Services do not guarantee any number of “referrals”—instead, the functionality of the Services lets the subscriber view as many profiles as he/she would like;
• How your information is used and how you may access it is specified in our Privacy Policy;
• You may review the New York Dating Service Consumer Bill of Rights here;

For subscribers residing in North Carolina:

• You may review the North Carolina Buyer’s Rights here.

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

Our Services are widely available in the United States—if you believe that you have moved outside a location where our Services are provided, please contact us in writing mailed to YES Inc. 30 N. Gould St., Suite R, Sheridan, WY 82801 and we will work with you to provide alternative services.