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TheSystem™ Terms-of-Service Agreement

Last Updated: May 11, 2015

MobileJam, LLC dba TheSystemTM welcomes you to TheSystem.us, an adult entertainment service. It is important to us that you have the best possible experience while using the Website and phone chat services, and that, when you use this Website or the phone chat services, you understand your legal rights and duties. This terms-of-service agreement between you and us explains your legal rights and duties and governs your use of the Website and the services we offer to you. These terms apply (1) to the entire contents of this Website (including the mobile version located at TheSystem.us), (2) to the phone chat services, (3) to any associated websites that we own or operate and that we grant you access to, and (4) to any email or telephone communications between you and us.

Please read these terms carefully before using our Website or the services because they create a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) disclaimer of warranties and limitation of liability (section 14); (2) limited time to bring claims (section 16); (3) exclusive forum for resolving disputes (section 19.1); (4) mandatory arbitration (section 20.4); and (5) waiver of class action rights (section 21). Accessing this Website or using the phone chat services forms your acceptance of and agreement to these terms even if you do

not read them. If you do not agree to these terms, you cannot access this Website or use

the phone chat services.

Warning: This Website and the services may contain sexually explicit content and are not intended for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website or use the services. Persons who do not meet these age requirements may not access this Website or use the services. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products given for informational purposes only and not endorsed by us:

CYBERsitter™|Net Nanny® |CyberPatrol | ASACP.

We drafted these terms in a relaxed question and answer format for the most part. We did this for your convenience, not ours. By drafting these terms in question and answer format, we do not imply or suggest that they do not form a binding agreement between you and us. These terms are just as binding as if we drafted them in a stuffy legal format.

Summary of Terms
You should read these terms in full because they apply every time you visit the Website or use the services. But just in case you ever need a reminder of the salient points, here is a brief summary:
1. If you are under 18-years old then unfortunately you cannot use TheSystemTM yet, because it is a meeting place for adults only.
3. We’re not responsible for anything that you post or say while you are on TheSystemTM and we don’t monitor the content of the Website or the services, but if we do see or someone tells us that you have said something that we think is inappropriate then we may remove it and we may cancel your account and permanently block your usage of the Website services.
5. We do not conduct criminal background screening of users of the services.
7. MobileJam does not hire paid actors.
9. If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
11. We DO NOT use prerecorded messages to stimulate interaction and conversations among users. So all communications you receive are specifically directed to you.
13. All disputes are subject to mandatory arbitration in Seattle, Washington unless the dispute is to collect a debt you owe us or meets all of the requirements for the small claims court in your state. If your state does not have a small claims court, the dispute is subject to mandatory arbitration.
15. If you are concerned about how TheSystemTM uses your data, please refer to our privacy policy http://TheSystem.us/privacy-policy.html. It will tell you all you need to know (and if it does not, we are happy to answer your questions).
17. We may change these terms on one or more occasions, but changes will not apply retroactively.
Adult Entertainment
1. TheSystemTM offers adult-oriented phone chat services for entertainment purposes only. You may use TheSystemTM as a forum to communicate new people or as a place to have discussions of a sexual nature. You understand you may encounter content during your use of the service that you may find offensive, indecent, or objectionable, including explicit or suggestive language. But if you are seeking obscenity or child pornography, please leave this Website and do not use the services.
3. We do not intend anyone under 18-years old or the age of majority in their community to access this Website or use the services. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website or use the services. If you are not the age of majority in your jurisdiction, you must leave this Website immediately and may not use the services.
5. Under 47 U.S.C. § 230(d), we hereby notify you that parental control protections (like computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.
7. By accessing the Website, using the services, or purchasing minutes, you certify to us that:
8. 1. You have reached the age of majority where you live and that you have the legal capacity to agree to these terms;
  2. You own (or have permission to use) any credit card you used to buy minutes or a membership with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the package you chose;
  3. You understand that some or all of the materials on the Website or the services may be erotic in nature, and that they may contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities;
  4. You are aware of the sexually explicit nature of the content available on the Website or through the services and that you are not offended by content of this nature;
  5. You are familiar with your jurisdiction’s laws affecting your right to access sexually explicit and pornographic materials;
  6. Your use of the services is not prohibited or restricted by your jurisdiction;
  7. You have followed and will continue to follow the laws and regulations of the jurisdiction from which you access the Website and the services;
  8. You access the services voluntarily and for your own personal enjoyment;
  9. All information that you give when you register is accurate and truthful and that you will promptly update any information that you give that later becomes inaccurate, misleading, or false; and
  10. You will not share this Website or the services with a minor or otherwise make them available to a minor.
Use of the Website and services and rules relating to conduct
1. Who can use TheSystemTM?
3. TheSystemTM is a meeting place for adults’ that features a rich collection of resources, including various communication tools, chat services, third-party content, online forums, personalized content, and branded programming (not all of these features may be available). You may only use TheSystemTM if you are 18-years old or older (or the age of majority where you live if that happens to be greater than 18-years old).
5. You state that you have the right, authority, and capacity to enter into these terms and that by using TheSystemTM you will not be violating any law or regulation of the jurisdiction where you live. You are solely responsible for your compliance with all applicable local laws and regulations.
7. You further state that you have not been convicted of and are not subject to any court order relating to assault, violence, sexual misconduct, or harassment.
9. Do I have to pay to use TheSystemTM?
11. Phone-chat service pricing is determined by the package of minutes or days that you select. We list our current phone chat packages online at http://TheSystem.us/join.html. You can also hear them when you call the phone chat line. Our customer service representatives can also give more information about the fees and charges. We may change the fees and charges in effect for using the services, or add new fees or charges by posting them to http://TheSystem.us/join.html.
13. Do you offer a free trial?
15. Yes, we offer a free trial to all first time callers. All first time calls receive a block of minutes or days (e.g., ten minutes, 60 minutes, 1 day, etc) that allows them to send messages or respond to messages. Free trial users do not have access to live one-on-one chat. If you want to use the live chat feature, you must buy a membership package.
17. What kind of things can (or can’t) I do on TheSystemTM?
19. We grant you a limited, nonexclusive, nontransferable license to access the services according to these terms. By “access,” we mean visit the services, use the services, and view or listen to its content. By “content,” we mean any materials, including text, communications, images, sounds, streams, greetings, software, data, or other information. You must comply—and you agree to comply—with all applicable laws when accessing the service. You may only access the service for your personal, noncommercial use. You may not use any content that you access on the service for further distribution, performance, display, sale, or rental. We may change, limit, or cancel your access if you fail to comply with these terms.
21. You can use the service to make new friends and explore your sexual fantasies with other likeminded persons. There are some rules about what is acceptable though, so when you are using TheSystemTM you will not do or say anything that:
22. 1. Considered offensive or is likely to harass, upset, intimidate, embarrass, alarm, or annoy any other person;
  2. Is obscene or otherwise may offend human dignity (for example, child pornography);
  3. Is abusive, insulting, threatening, or promotes or encourages racism, sexism, hatred, bigotry, or physical harm of any kind against any group or person;
  4. Requests money from, or is intended to otherwise defraud, other users of the service;
  5. Encourages any illegal activity including terrorism, inciting racial hatred, or which in itself amounts to committing a criminal offense;
  6. Is defamatory, libelous, or otherwise promotes information that is false or misleading, or otherwise objectionable;
  7. Relates to commercial activities (including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites, or premium line telephone numbers);
  8. Involves the transmission of “junk mail,” “chain letters,” or “spam” (or “spimming,” “phishing,” “trolling,” or similar activities);
  9. Involves the transmission of video, audio photographs, or images of another person without his or her permission;
  10. Exploits people in a sexual, violent, or other illegal way, or solicits personal information from anyone under 18-years old;
  11. Provides instructional information about illegal activities like making or buying illegal weapons or drugs; violating someone’s privacy; or providing, distributing, or creating computer viruses;
  12. Involves the transmission of spyware; adware; viruses; corrupt files; worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment; Trojan horse; or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from TheSystemTM or otherwise;
  13. Impersonates, or otherwise misrepresents affiliation, connection, or association with, any person (including an entity);
  14. Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (like inside, proprietary, or confidential information);
  15. Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users can type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  16. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or distributes another person’s personal information without his or her permission;
  17. Solicits any other users for services, including soliciting memberships for other or similar services;
  18. Offers money or other consideration in exchange for sex;
  19. Promotes an illegal or unauthorized copy of another person’s copyrighted work, like providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio, or video, or links to pirated images, audio, or video; or
  20. Itself infringes another person’s rights (including intellectual property rights and rights of privacy and publicity).
23. Please use your common sense when using the service because you are solely responsible for, and bear all liability for, your conduct. We may investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the service and terminating or suspending the membership of any violators.
25. Are there any rules for personal information like my email address?
27. You may not display any personal contact or banking information in your greeting whether about you or any other person (for example, names, home addresses, zip codes, telephone numbers, email addresses, URLs, credit/debit card, or other banking details). If you choose to reveal any personal information about yourself to other users, whether through email or otherwise, you do so at your own risk. You understand that any person using the service may have access to what you record. You understand that we are not responsible for, and cannot control, the use by others of any information you provide to others through the services. We encourage you to use the same caution in disclosing details about yourself on the phone as you would under any other circumstances.
29. What about other people’s personal information, can I use it?
31. The Website and the services are for personal use only. You will not use the Website or the services for any commercial endeavors, like (1) advertising or soliciting any user to buy or sell any products or services that we do not offer or (2) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may only use other TheSystemTM user’s personal information to the extent that your use of it matches TheSystem’s purpose of allowing people to talk to one another. You will not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. Organizations, companies, or businesses will not use the Website or the services for any purpose.
33. We may terminate your account if you misuse other users’ information. In addition, we may investigate and take any available legal action in response to illegal or unauthorized uses of the Website or the services, including collecting usernames or email addresses of members by electronic or other means for sending unsolicited email and unauthorized framing of or linking to the Website. If you suspect someone is engaging in these types of activities, please tell us immediately by contacting us at service@TheSystem.us.
35. Some of my friends want to see or hear all the people I am chatting with. Can I tell them my username and password and let them log in as me?
37. The short answer is no. Only you may access your account with TheSystemTM. You must not share your username and password with anyone or let anyone else access your account because this jeopardizes the security of all of the content and personal information that you have put on TheSystemTM. You are responsible for keeping your username and password secret and secure. If you do not, TheSystemTM is not liable for any unauthorized access to your account, and you are solely responsible for all activities that happen under your username and password. If you suspect that someone has gained access to your account, you must let us know immediately by contacting us at service@TheSystem.us or by calling Customer Service at 1-877-771-4255 and telling us of your suspicions or concerns. You must also immediately change your password. We may terminate your account if you violate our rules on keeping your password secure.
39. Who can see or hear the content that I put on TheSystemTM?
41. When you put content on TheSystemTM, the public can access and view that content. If you do not want others to view your content, then you should not put it on TheSystemTM. We may remove, edit, limit, or block access to any content that you put on TheSystemTM without liability to you. We have no duty to display any content that you send to TheSystemTM, to check the accuracy or truthfulness of any content sent to TheSystemTM, or to monitor your use or the use of other users of TheSystemTM. You understand that while we prohibit audio and video recordings of other users under these terms, some users may violate these restrictions and make recordings of you or any information that you may provide, and you release TheSystemTM from all liability for the use of any recordings by other persons.
Interaction with other users and the service
1. Do you restrict the number of messages I can send in a 24-hour period?
3. At this time, we do not impose any restrictions on the number of messages you can send in a 24-hour period. But we may in the future restrict the number of messages that you can send to other users in any 24-hour period to a number that we consider appropriate.
5. Do you conduct criminal background checks on users?
7. We do not conduct criminal background checks on users. You are solely responsible for your interactions with other users of the service. You understand that we do not in any way: (1) monitor the activity of our users; (2) screen or interview our users; (3) investigate the background of our users (including conducting criminal background checks); or (4) try to verify the accuracy or statements made by users. We make no statements about the conduct of users or those acting on their behalf. You will take reasonable precautions in all communications, meetings, or interactions with other users of the service, particularly if you decide to meet in person. You should not divulge personal or financial information to strangers. Remember, because of the anonymous nature of the Internet and telephone communications, users may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. To learn more about safety, you may want to visit Get Safe Online.
9. Does TheSystemTM monitor the service?
11. We do not prescreen or preemptively monitor the content on the service. We do not and cannot monitor everything that takes place on the services and we rely on you to bring any transgressions to our attention. We assume no responsibility for monitoring the service for inappropriate content or conduct. But we may monitor phone chat communications, greetings, and messages on one or more occasions to make sure that they conform to these terms. In addition, you understand that we may record any content in a user’s greeting or message associated with a user’s use of the services. If we choose to monitor the service, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the users submitting that content. We may delete any submissions that we believe violates these terms or may be otherwise offensive or illegal. We may also delete any submissions that harm or threaten the safety of any person or that otherwise violates another person’s rights. We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content or engaging in conduct in violation of these terms.
13. Can I hold you responsible for the conduct of another user?
15. We are not responsible for the conduct of any user. We have no liability—directly or indirectly—to you for any losses or damages arising out of the conduct of you or anyone else in using the service. We also have no liability to you for any losses or damages resulting from communications or meetings with other users or persons you meet through the service. You understand that we make no guarantees—either express or implied—about your ultimate compatibility with persons, you meet through the service.
17. What if I have a dispute with another user?
19. Unfortunately, we cannot get involved with or mediate disputes between users for legal reasons (feel free to blame our lawyers). If you have a dispute with one or more users or those who have posted, viewed, or used information on the service, you release TheSystemTM from all claims, demands, and damages—actual and consequential—of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of disputes of this nature.
21. What type of activities does TheSystemTM prohibit so I do not accidentally cross the line?
23. We may investigate or terminate your membership or access if you have misused the service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that happen outside of the service but involve users you meet through the service. The following is a partial list of the type of actions that you may not engage in when using the services. You will not:
24. 1. Impersonate any person (including an entity) (this does not mean you cannot use your imagination or pretend, you just cannot impersonate an actual person).Solicit money from any users.
  2. Promote illegal activities or conduct like making or buying illegal weapons, selling drugs, soliciting prostitution, or violating someone’s privacy
  3. “Stalk” or engage in any form of harassment, illegal, immoral, or offensive behavior, including posting communications, pictures, or audio or video records that contact, depict, or suggest libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images, or promotes bigotry, hatred, or physical harm of any kind against any group or person.
  4. Record, reproduce, post, or distribute any audio or video communications between you and another user of the services, including any messages, pictures, or records you got from the services or your use of the services.
  5. Violate, plagiarize, or infringe on the rights of any person, including any copyright or trademark law, privacy or other personal or proprietary rights, or other intellectual property rights.
  6. Use the services in any way that is fraudulent, misleading, or otherwise unlawful or in violation of any law, rule, or regulation of the United States or any relevant jurisdiction where you use the services.
  7. Express or imply that we endorse any statements that you make without our specific advance written consent.
  8. Ask or use users to hide the identity, source, or destination of any illegally gained money or products.
  9. Use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website, its content, or the services.
  10. Collect usernames or email addresses of users by electronic or other means to send unsolicited email or unauthorized framing of or linking to the Website.
  11. Collect membership numbers or login credentials to gain unauthorized access to someone else’s account.
  12. Interfere with or disrupt the Website, the services, or the servers or networks connected to the Website or services.
  13. Email or otherwise send any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
  14. Forge headers or otherwise manipulate identifiers to disguise the origin of any information sent to or through the Website (either directly or indirectly through use of third party software) or services.
  15. “Frame” or “mirror” any part of the Website or services without our advance written authorization.
  16. Use meta-tags, code, or other devices containing any reference to us or the service (or any trademark, trade name, service mark, logo, or slogan of ours) to direct any person to any other website for any purpose.
  17. Change, adapt, sublicense, transfer, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the service or any software used on or for the service, or cause others to do so.
  18. Post, use, send, or distribute, directly or indirectly, in any way or media any content or information taken from the Website (for example, screen scrape) other than solely for your use of the Website or services according to these terms
  19. Do anything else prohibited by these terms (including section 3.4).
Ownership of content
1. Once I have put content on TheSystemTM, do I still own it?
3. Yes, if you are the rightful owner in the first place.
5. Please note though that by posting on or sending content to TheSystemTM you certify to us that you have the right to do so and that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any other person). Further, you hereby grant TheSystemTM a worldwide, nonexclusive, royalty-free, sublicenseable, transferable, and perpetual license to use, copy, reproduce, distribute, adapt, translate, change, prepare derivative works of, display, and perform your content (including your name, voice, and likeness, and persona) in any way we see fit, including for promoting and redistributing any part of the service—and derivative works of it—in any media formats and through any media channels. You further waive all moral rights in your content that may be available to you in your jurisdiction (including the right to be identified as the author) and you state that no moral rights have been asserted. We may assign or sublicense this license to our affiliates and successors without approval by you.
7. We may disclose your identity to any person claiming that any content posted or uploaded by you to the service violates their intellectual property rights, their right to privacy, or any other law.
9. Whom does the rest of the content on TheSystem belong to then?
11. Us! We own or have the license to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on the services. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the services and its content.
13. May I use any of the content that does not belong to me?
15. Other than content you put on TheSystemTM, you do not have any rights in the content on TheSystemTM and you may not use any content in any way that may infringe any person’s rights. This means that you may not copy, change, adapt, distribute, publish, or sell any part of the Website or the services to anyone else. In addition, you will not remove, obscure, or otherwise change any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
17. You understand that when using the service, you may be exposed to content from a variety of sources, and that TheSystemTM is not responsible for the accuracy, usefulness, safety, or intellectual property rights for this content. You also understand that you may be exposed to content that is inaccurate, offensive, obscene, indecent, or objectionable, and you hereby waive any rights or remedies you have or may have against TheSystemTM for this exposure.
Paid for services
1. What can I buy on TheSystemTM?
3. The only thing that costs money on TheSystemTM is minutes or any of the Membership Packages. We offer packages of minutes or days that you must buy to use live phone chat. Pricing is determined by the package of minutes or days that you select. We list our current phone chat packages online at http://TheSystem.us/join.html. You can also hear them when you call the phone chat line. Our customer service representatives can also give more information about the fees and charges. We may change the fees and charges in effect for using the services, or add new fees or charges by posting them to http://TheSystem.us/join.html.
5. If you want access to the “SMS chat” feature (if available), you must buy one of our various SMS packages, which is not included in the phone chat package. You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. You are also responsible for any fees or charges you incur to access the services, including telephone charges, long distance charges, and mobile phone charges (including messaging and data charges). We may offer free minutes or access to any person. We may cancel or alter the free trial period at any time.
7. Once you have paid for a package, it is nonrefundable unless expressly stated otherwise in these terms. If you start a chargeback or otherwise reverse a payment made by you using your chosen payment method, we may terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you do not have a right to a refund or to have your account reinstated.
9. If your financial institution returns or denies your payment transaction, you will pay us a service charge of $40 USD or the maximum allowed by law. If we do not receive payment, we may refer your payment transaction to an outside collection agency or an attorney and you will repay us for all costs, damages, and fees that we incur in resolving any debt created by this transaction.
11. You must give current, complete, and accurate information for your billing account. If we allow you to store your billing information with us, you will promptly update all information to keep your billing account current, complete, and accurate (like a change in billing address, card number, or expiration date), and you will promptly notify us if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (like an unauthorized disclosure or use of your name, membership ID, or password).
13. If you fail to give us any of this information, we will hold you responsible for the fees accrued under your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as given by your credit or debit card issuer.
15. Do my minutes run as soon as I call into the chat line?
17. Your minutes or days start to run as soon as you purchase any Membership package. They continue to run while you are on the chatline and also when you are not on the chatline. For Example, let us say you called in and got a 6 hour Free Trial; then decided to purchase a 1-day Membership. Your 1-day would start the second you completed your order. Therefore, if you purchased the 1-day package at 9PM on Friday; then it would expire at 9PM on the next day; which of course would be Saturday. That means you will have full access to the services anytime within that 24-hour period.
19. How do I renew my minute package with TheSystemTM?
21. All purchases are one-time charges, meaning we will never charge you again for the same purchase. We do not use recurring charges or use other deceptive billing practices. If you run out of minutes or days, you are then given the option to go to the order area where you can reorder the same package as before or can listen to other packages and choose a different one. Again, you are never auto-billed and you must manually click a key on your phone while placing your order.
23. Once you make your order selection, your order information is played back to you and you must again press a key to confirm your order. We will bill you using the billing method you selected when you made your original purchase. You authorize our payment-processing agent or us to make these charges using your selected billing method. For payment by credit or debit card, you must make sure that all your credit or debit card information is current and accurate.
25. What happens if I am talking with someone and my membership package runs out?
27. Once your package runs out, you will hear a prompt telling you “your Membership has expired; to reorder press “one” or press “two” to learn more about our Membership packages.” If you press “two,” then you will hear all the available Membership packages. But without an active membership, you are not allowed on TheSystemTM. In other words, you are not able to stay on TheSystemTM listening to Greetings or messages; nor will you be able to send messages or engage in Live Chat. The Only way to access TheSystemTM is with a FREE TRIAL or by becoming a Member.
29. How do I change or update my payment method?
31. You can change or update your payment method by calling the customer service department and asking a customer service representative to change or update your payment method.
33. What do I do if I disagree with charges made to my account?
35. If you disagree with any charges made to your account, please contact us to resolve the dispute before contacting your credit card company. You may contact us by either email (service@TheSystem.us) or telephone 1-877-771-4255. If you contact us by email, please state your reasons for your dispute and identify the disputed charge. This will allow us to accurately and promptly assess your complaint and, where justified, credit your credit card with the disputed amount in a timely manner to avoid any further inconvenience to you.
37. We will correct any mistakes in a bill and add or credit them against your future payments. If you become aware of any errors in billing, please notify us promptly for proper credit. We waive any error in your favor that we do not correct within three months of the bill where the error first appeared. You waive any error in our favor unless you give us notice of the error within three months after you receive the bill in which it first appears. You also release us from all liability for any error you do not report to us within three months after you receive the bill in which the error first appeared.
39. What is your refund policy?
41. All sales and transactions are final and we do not guarantee the availability of a refund, whether in minutes or money, for any reason. We do not issue refunds unless there are extenuating circumstances that we feel warrant a refund. These may be things like the service not working properly for some reason. In cases like these, we will issue refunds after investigating on a case-by-case basis. We will take into consideration things like other complaints received or other customer comments.
43. We do not guarantee satisfaction and we will not consider dissatisfaction with the service or simply buyer’s remorse as grounds for a refund. We do not give cash refunds; we refund the requested transaction back to you in the form of a credit to the credit card that you used for your purchase unless we give you a credit in the form of minutes. To ask for a refund, you must contact our customer service department through our “Contact” page. If you contact your credit card company directly and ask them for a refund, our system will automatically assume that the charge came from a stolen credit card and will blacklist you from ever using the services again.
45. May I transfer any of my minutes to another TheSystemTM user?
47. Minutes have no cash value and are for entertainment purposes only. If you buy a minute package from us, you may only use these minutes for yourself and you may not transfer (free or as a sale) to or buy from other TheSystemTM users or other persons. TheSystemTM may refuse to honor any minutes where you have tried to transfer those minutes to another user or other person or have tried to buy those minutes from another user or other person. TheSystemTM will only provide services to you if you bought them directly from an affiliate or us. Unused minutes are forfeited if you or we terminate or suspend your account for any reason.
Entertainment & Fantasy Service
1. Will I really meet people using TheSystemTM?
3. TheSystemTM is an entertainment and fantasy service and not a dating line. We provide the service for the entertainment and fantasy of our users. We do not guarantee that you will find a date, that you will meet any of our users in person, or that any given person is available or interested in dating or communicating with you or anyone else. Nor do we guarantee that the people that you talk to on any local chat line number will necessarily live near you (we do not restrict local chat line use to users in the local chat number area code; if any local numbers are available) or that you will find local callers when you call the chat line. You understand that the information, text, and pictures contained on the service or the Website do not pertain to any actual person, but are included for entertainment and fantasy purposes only.
5. We do not recommend or condone any form of user interaction outside of the service. We prohibit use of the service to arrange face-to-face meetings to engage in illegal activity and may subject your account to termination. If you choose to interact with any user outside of the service, you do this at your own risk and we have no liability to you for any consequences of any choice to interact outside of the service.
7. Does TheSystemTM send prerecorded messages?
9. No, we do not.
11. Does TheSystemTM use paid actors?
13. No, we do not.
Access to the Service
1. Do you guarantee that TheSystemTM will be up and running at all times?
3. Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the service or it may be affected by a fault or circumstances that are outside our control, so we provide the services on an “as is” and “as available” basis. We make no warranty about the quality, accuracy, functionality, availability, or performance of the services. We may suspend, withdraw, amend, change, or vary the services provided by TheSystemTM. In addition, to protect the integrity of the services, we may block users from certain IP addresses and telephone numbers from accessing the Website or the services.
5. What about mobile access?
7. At this time, we do not offer mobile access other than your ability to browse the mobile version of the Website (http://TheSystem.us). We may add mobile access, features, or services in the future. If we do, we will update this section.
9. By accessing TheSystemTM or agreeing to receive messages or notices from TheSystemTM through your mobile phone or any other connected media device (including a tablet), you accept that you may incur charges from your Internet or mobile service provider. We will not be liable for those charges. If you do not want to receive text messages from us, reply with “Stop” after receiving any text message from us.
11. I am not registered and I cannot seem to access some content on the service. Why is that?
1. If you have not bought a membership package from us and you have used up your free trial, then you cannot access TheSystemTM. If you want to access TheSystemTM, you will need to purchase one of the Membership packages.
Communications and Test Greetings
When you become a user, you consent to receiving email messages from us. These email messages may be transactional or relationship communications relating to the services, like administrative notices and service announcements or changes, or emails containing commercial offers, promotions, or special offers from third party partners or us. Please see our privacy policy http://TheSystem.us/privacy-policy.html for more information about these communications and how you can limit them. On one or more occasions, our employees (or employees of our parent or affiliated companies) may create test-greetings to test the functionality of our services and processes to improve service quality for our users. We may record telephone calls between you and our customer care representatives for quality assurance purposes.
Termination
1. Termination of use by us: I cannot access the service, what is going on?
3. Sometimes people forget about the terms and post content or act in a way while on TheSystem TM that is not consistent with the purpose of the service. If we think that you may be one of those people, then we may:
  1. Suspend or terminate your account and your right to access or use TheSystemTM (including your right to send content to TheSystemTM); and
  2. Make use of any operational, technological, legal, or other means available to enforce the terms (including blocking specific IP addresses and telephone numbers).
4. We will try to notify you if we have or will suspend or terminate your access to TheSystemTM.
6. Termination of use by you: They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from TheSystemTM?
1. Since all purchases are one-time purchases, there is never a need to cancel your account; we will not charge you again unless you make another one-time purchase. Because you record a new greeting every time you use the service and that greeting is removed automatically when you hang up, there is nothing to remove. Of course, the possibility exists that our system may have recorded your greeting and if you want to make sure that we do not use your greeting in the future, you can call us at (877) 771-4255 or email us at service@TheSystem.us and we will try to delete it for you. Please understand that if you choose to stop using the service before your package expires, we cannot refund you for your unused minutes.
Someone is not obeying the terms, whom do I tell?
Please report any abuse or complaint about content on TheSystemTM to us by sending us an email outlining the abuse or complaint at service@TheSystem.us. On the phone chat line, you can block a caller from contacting you again by pressing “5” after receiving a message or listening to a greeting. You can then press 5 again to report that caller to the Moderator. If we choose to monitor the reported message, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the users submitting that content. We may delete any submissions that we believe violates these terms or may be otherwise offensive or illegal. We may also delete any submissions that harm or threaten the safety of any person or that otherwise violates another person’s rights. (See 4.3 for further clarification)
Do you have guidelines in place about what you can do with my personal data?
We process information according to our privacy policy http://TheSystem.us/privacy-policy.html, which we incorporate into these terms. Please read our privacy policy before using TheSystemTM. By using TheSystemTM, you agree to our privacy policy and you state that all data given by you is true, correct, and accurate.
By using the Website or the services, you acknowledge that phone and Internet transmissions are never completely private or secure. You understand that others may intercept or record any message or information you send over the service.
We may use software that automatically tracks performance and usage information to evaluate the service. This software will not personally identify you.
Are the links on the Website anything to do with TheSystemTM?
The Website may contain links to websites owned or operated by other entities that are independent from us. We provide these links to you for your information only. These links may contain content that some people may find inappropriate or offensive. If you access any of these links, you may leave this Website. If you decide to access any of these links, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not maintain, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links, etc.) unless the linked website expressly states that it is owned and operated by MobileJam, LLC. We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites.
We do not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us; nor do we accept responsibility for linked websites’ compliance with applicable laws or regulations. Links do not imply that TheSystemTM sponsors, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to MobileJam, LLC.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through any linked website or featured in any banner or other advertising on this Website or the services. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Disclaimer of warranties and limitation of liability
1. I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
3. No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any responsibility for your conduct or the conduct of any other user of TheSystemTM (including any interactions between users), whether online or offline, and expressly disclaim any liability for content uploaded by you or by any other user.
5. My friend is a lawyer and says that you cannot eliminate liability for everything…
7. Nothing in these terms limits or eliminates our liability for:
  1. Death or personal injury caused by our proven gross negligence or willful and wanton misconduct; or
  2. Any liability that cannot be limited or eliminated by law.
8. Okay, so what liability do you eliminate (or what can’t I sue you for)?
1. 1. We provide you access to the Website and services “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or the services will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—for any of the content, information, or materials on the Website or the services; for any goods or other products or services offered, sold, or displayed on this Website unless we expressly agree otherwise in a separate written agreement; or for your use of this Website or the services generally. This disclaimer includes all warranties of (1) merchantability, (2) fitness for a particular purpose, (3) workmanlike effort, (4) accuracy, (5) completeness, (6) reliability, (7) suitability, (8) security, (9) privacy, (10) title, (11) exclusivity, (12) quiet enjoyment, (13) noninfringement, and warranties that your access to the Website or services will be (14) uninterrupted, (15) error-free, or that (16) data loss will not happen. We further make no guarantees that the quality and reliability of any information and services obtained from us will meet your needs, expectations, and requirements; be virus-free; or perform error- and damage-free. There are no warranties that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
  3. We do not make any promise about the results that you may obtain from your use of this Website or our services, or about the accuracy, completeness, reliability, security, or currency of the content. The Website or services may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website or services. We do not warrant the truth or validity of any information provided through the Website or services. We may correct any errors or omissions in any part of the Website or services. If you believe you have found errors or omissions on the Website or services, you may bring them to our attention by contacting us at service@TheSystem.us.
  5. You acknowledge that your use of this Website and the services is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on the Website or services. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website or the services. You release us from all claims, demands, and damages (actual and consequential), of every kind and nature, known or unknown, disclosed or undisclosed, arising out of your use of the Website or services, including disputes with one or more other users or other persons.
  7. We disclaim all liability to you for any of the following:
    1. Errors, mistakes, or inaccuracies of content;
    2. Personal injury or property damage of any nature resulting from your access to the Website or use of the services;
    3. Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
    4. Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
    5. Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Website or the services by any person or that may infect your computer or affect your access to or use of the Website or the services, your other services, hardware, or software;
    6. Interruption or cessation of transmission to or from the Website or the services;
    7. Delays or failures you may experience in beginning, conducting, or completing any transmissions to or transactions with the Website or the services;
    8. Incompatibility between the Website and your other services, hardware, or software; or
    9. Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website or the services.
  8. Unless caused by our gross negligence or willful and wanton misconduct, we limit our total liability to you for any claims arising out of your access to the Website or to the services to your incidental and direct damages, if any. But our total damages to you will not exceed the lesser of $250 USD or the total amount you paid us during the 30-day period before you made your claim. Recovery of these damages will be your sole and exclusive remedy.
  9. Except as stated in section 14.3(E) and unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for any special, indirect, incidental, consequential, exemplary, or punitive damages for any claims arising out of these terms, the Website, or the services. We are also not liable to you for any damages for loss of profits, loss of data, loss of goodwill, work stoppage, computer malfunction, or interruption of business arising out of your access or your inability to access the Website or services. This exclusion includes damages from your reliance on any information obtained from us, or that results from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our records, programs, services, or the Website. This exclusion applies even if you told us of the possibility of these damages or we knew or should have known about the possibility of these damages. This exclusion of special, indirect, incidental, consequential, exemplary, and punitive damages is independent of your exclusive remedy in section 14.3(E) and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise holds your exclusive remedy unenforceable.
  10. The limitations and exclusions in sections 14.2(E) and 14.2(F) apply regardless of the theory of liability asserted (whether strict liability, breach of warranty (express or implied), breach of contract, tort (including infringement), or any other legal theory).
  11. The disclaimers, exclusions, and limitations contained here apply to the greatest extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
Loss Payment (aka Indemnification)
1. I forgot the rules about conduct on here and now someone is threatening to sue TheSystemTM. What now?
3. You must pay us for any loss of ours that is caused by (1) your use of the Website or the services, including your conduct on the chat services; (2) your violation of these terms; (3) your violation of rights of another person; or (4) your negligent or intentional misconduct. But you need not pay to the extent that the loss was caused by our intentional misconduct.
5. Definitions
  1. Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
  2. A loss is caused by an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
6. Our Duty to Notify. We must notify you before the 30th business day after we know or should reasonably have known of a claim for a loss that you might be required to pay. Our failure to give you timely notice does not end your duty, except to the extent that the failure prejudices your ability to mitigate losses.
8. Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we must cooperate with each other in good faith on a claim.
10. No Exclusivity. Our rights under this section do not affect other rights we might have.
Limited Time to Bring Claims
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the use of the services within one year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one-year period, the claim is permanently barred.
Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the State of Washington. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website or use the services if prohibited in your jurisdiction or use the Website or the services in any way that violates applicable governing laws, regulations, or other government requirements. You will not say anything that encourages conduct that could amount to a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
Governing Law
Delaware law governs these terms without regard for any choice-of-law provisions that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”
Place for Resolving Disputes
1. Except for disputes subject to arbitration or the small claims exception, all disputes arising under these terms or your access to the Website or use of the services will be subject to the exclusive jurisdiction and venue of the courts in the State of Washington. You hereby submit to the personal jurisdiction of the courts in the State of Washington to resolve all disputes not subject to arbitration or the small claims exception. You hereby waive any right to seek another forum or venue because of improper or inconvenient forum.
3. This Website will be deemed solely based in the State of Washington and will be deemed a passive website that does not give rise to personal jurisdiction over TheSystemTM, either specific or general, in any other jurisdiction.
Dispute Resolution; Exception for Small Claims
1. In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties relating to these terms (including the privacy policy), the services, or the Website.
3. Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. TheSystemTM may elect to litigate billing or payment disputes or collection matters. You may elect to litigate any claim that meets the jurisdictional requirements for small claims court subject to section 20.6.
5. Mediation. If the parties cannot settle a dispute through negotiation within a period of 30 days, then the parties will attempt in good faith to resolve the dispute promptly by confidential mediation under the International Institute for Conflict Prevention & Resolution (“CPR”) Mediation Procedure currently in effect. The parties will conduct the mediation in Seattle, Washington. Each party will bear its own costs in mediation and the parties will share equally between them all third-party mediation costs unless the parties agree otherwise in writing.
7. Arbitration. If the parties fail to settle all disputes within 30 days after the appointment of a mediator, the parties will settle any unresolved dispute arising out of these terms, the use of the services, or the Website by arbitration according to the International Institute for Conflict Prevention & Resolution Rules for Administered Arbitration currently in effect by a sole arbitrator. The arbitrator will preside over the arbitration and issue a final award on all issues submitted to arbitration. The parties will conduct the arbitration in Seattle, Washington. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator’s right to award costs and fees to the prevailing party. This section and the arbitrator’s authority to grant relief are subject to (1) the Federal Arbitration Act, 9 U.S.C. §§ 1–16, et seq.; (2) these terms; and (3) the CPR Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator may not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator’s decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator’s award. The Federal Arbitration Act will govern any post-award proceedings.
9. Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of these terms or the use of the Website or the services. This waiver will be enforceable up to and including the day that trial is to start, and even if the parties waive arbitration.
11. Exception for Small Claims. As an alternative to arbitration, you may pursue your claim in a small claims court in your jurisdiction of residence, if the claim meets all of the requirements for the small claims court subject to TheSystem’s right to remove any claims where the amount in controversy exceeds $5,000. If you elect to file a small claims action, the matters raised in the small claims action will not be subject to arbitration unless you remove the matter from the jurisdiction of the small claims court or TheSystemTM elects to remove the matter because the amount in controversy exceeds $5,000.
Class Action Waiver
The parties will conduct any proceedings to resolve or litigate any dispute in any forum only on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to give an aggrieved party full payment if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation happens, besides seeking all other remedies available at law or in equity.
General Provisions
1. Entire Agreement. These terms, the privacy policy http://TheSystem.us/privacy-policy.html, and any other legal notice posted by us on the Website, makes up the entire agreement between you and us about your access to the Website and use of the services. It supersedes all earlier terms between you and us about access to the Website and use of the services. A printed version of these terms and of any notice given in electronic form will be admissible in any proceedings arising out of the use of the Website or the services to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
3. Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at service@TheSystem.us and we will send you a copy.
5. Changes. We may change these terms on one or more occasions. Changes will not apply to continuing disputes or to disputes arising out of events happening before the posted changes. Changes will become effective on the last updated date noted at the top of this webpage. We will try to post changes on the Website at least 15 days before they become effective. While we will try to notify you of any changes to these terms, we do not assume a duty to do so. It is your responsibility periodically to check this webpage to review the most current terms. By continuing to use the Website or the services after we post changes to these terms, the changed terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website and using the services. If you need more information about the changes or have any other questions or comments about the changes, please contact us at service@TheSystem.us.
7. Assignment and Delegation. We may assign any rights or delegate any performance under these terms to an affiliate or third party. You may not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
9. Waiver. If a party does not enforce a right or provision in these terms, that failure does not waive that party’s right to do so in the future.
11. Severability. If any provision of these terms is for any reason held unenforceable, that provision will be modified to the extent necessary to make it enforceable without losing its intent. If no modification is possible, that provision will be severed from the rest of these terms.
13. Cumulative Remedies. All rights and remedies in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
15. Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these terms.
17. Feedback. We encourage you to give feedback about the Website or the services. But we will not treat as confidential any suggestion or idea given by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
19. Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
  1. Acts of God, like fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
  2. War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
  3. Fiber cuts;
  4. Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
  5. Failure of the telecommunications or information services infrastructure; and
  6. Hacking, SPAM, or any failure of a computer, server, network, or software.
21. Costs and Legal Fees. In any dispute between the parties arising out of the Website, the services, or these terms, a court or tribunal of competent jurisdiction will award the prevailing party all reasonable costs and legal fees incurred in prosecuting or defending the dispute to its conclusion and in collecting on any judgment.
23. Notices
  1. Sending Notice to Us. You may send notice to us by email at service@TheSystem.us, or by calling our customer service department at (877) 771-4255. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the “Contact Us” webpage.
  2. Sending Notice to You¬—Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you; or (2) by posting the notice on a location on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
24. Authorization and Permission to Send Emails to You. If you have given us your email address, you authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult-oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you ask us to remove you from our email list. For more information, please see our privacy policy http://TheSystem.us/privacy.html.
26. Authorization and Permission to Send Text Messages to You. If you have given us your cellular telephone or mobile device number, you authorize us to send you notices, advertisements, and other communications to you, including text messages, advertisements, notices, and other communications containing adult-oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you ask us to remove you from our email list. For more information, please see our privacy policy http://TheSystem.us/privacy.html.
28. Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website or services to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website or services may read all messages you send to TheSystemTM regardless if they are intended recipients.
30. Electronic Signatures. Any affirmation, assent, or agreement you transmit through this Website will bind you. You acknowledge that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
32. Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
34. MobileJam, LLC
35. P.O. Box 82446
36. Kenmore, WA 98028
37. (877) 771-4255
39. Users who wish to gain access to the password-restricted section of the Website must register. We do not currently charge consumers for registering for the Website. We reserve the right to charge for registering in the future. You may contact us at service@TheSystem.us to resolve any disputes or to receive further information about the Website.
41. Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
Usages
In these terms, the following usages apply:
1. Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
3. References to a statute will refer to the statute and any successor statute, and to all regulations issued under or implementing the statute or successor, as in effect at the relevant time.
5. References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
7. In computing periods from a named date to a later named date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
9. References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
11. “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
13. “Including” means “including, but not limited to.

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