Terms and Conditions

Welcome to ChumMe! We are a connectivity platform exclusively made for making platonic friends and meeting people! Before using ChumMe, please take some time to carefully read our Terms of Service below (“Terms,” Terms of Service,” or “Agreement”). The Terms below constitutes a binding contract between you and ChumMe.

Acceptance of Terms

By using the website located www.GetChumMe.com, including all the areas available through such website, (collectively, the “Site”), the ChumMe mobile application (the “ChumMe App,” “Mobile Application,” or “App”), and the various friend finding services that you may procure through the ChumMe platform (together with the Site and App, the “Services”) offered by Peach Paw, LLC (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “ChumMe,” “we,” “us,” and/or “our”), in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you, the user (collectively “Site users,” “Users,” or “you”), acknowledge and agree to these legally binding rules (the “Terms,” “Terms of Service,” “Consumer Terms,” or “Agreement”). You also agree to our Privacy Policy and all other operating rules, policies, and procedures that may be published on the Site or App by ChumMe, which are incorporated by reference. Our Privacy Policy, which describes how we collect and use information from our Users, is available at https://www.GetChumMe.com/privacy-policy.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

The ChumMe Services are not directed to children under age 18. To register for an account, you must be at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older). You affirm that you are at least 18 years old and are fully able and competent to enter into, and comply with, these Terms. ChumMe reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.

ChumMe may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by ChumMe. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

The ChumMe Services

Summary of Service: Making Friends and Meeting People ChumMe‘s ------ understands that it is sometimes to find good friends….. You create an account using your Facebook account, which is used to verify your age, that allows you to make connections by showing you other users. There are many benefits in using ChumMe Services, including:

  • Making new friends based on proximity
  • Making new friends based on common interests
  • Allowing you to chat with potential friends to make sure there is chemistry
Registration and Eligibility to Use the Services

You must be at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older) to register for a ChumMe account (“Account”). ChumMe reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.

You may view Content (as further defined below) on the Site without registering for an Account, but as a condition of using certain aspects of the Service, including making connections, you are required to create an Account and select a screen name (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Account.

You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User Account without the other User’s express permission. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to feedback@GetChumMe.com immediately.

ChumMe may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.

ChumMe cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an Account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.

Promotional Discounts and Incentives

From time to time, ChumMe may provide you with promotional discounts – for example, as an incentive to use ChumMe Services, to establish a ChumMe Account or to refer a friend to sign up with ChumMe. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of one (1) year from the date of issue.

Rules and Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Service is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

  • You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
  • You shall not use the Services or any location information displayed within the Services to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other Users.
  • You shall not use the Services to Submit Content, or use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
  • You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
  • You shall not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
  • You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ChumMe or any third party; or that impersonates any person or entity, including any employee or representative of ChumMe. Additionally, you shall not take any action that imposes or may impose (as determined by ChumMe in its sole discretion) an unreasonable or disproportionately large load on ChumMe’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures ChumMe may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

If for any reason ChumMe determines that you have failed to follow these rules, we reserve the right to terminate or suspend your Account, and prohibit any and all current or future use of the Site (or any portion thereof), the ChumMe App, and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of ChumMe, our Users and the public. ChumMe does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Termination of Usage

ChumMe reserves the right to change, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. You agree that ChumMe shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. ChumMe may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

You have the ability to terminate your Account at any time for any reason. Correspondingly, ChumMe can terminate or delete your Account or otherwise suspend your access to the Services at any time and for any reason. ChumMe also has the right to remove or modify your content, at any time subject only to ChumMe’s reasonable discretion. ChumMe’s decision to terminate your Account and your access to our website can be done with or without cause and without notice.

You acknowledge and understand that these Terms survive termination of your Account, including our rights regarding any content you submitted to the website before your Account was terminated. Following termination of your Account, however, your license to use ChumMe Content automatically terminates, and ChumMe has no obligation to provide you with use of the Site. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Third-Party Sites

The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with ChumMe. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that ChumMe will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. ChumMe expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that ChumME shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

Advertisements

ChumMe and its licensees may publicly display advertisements and other information on any portion of the Services, including adjacent to your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

ChumMe Intellectual Property and User Content

Intellectual Property

Through the Site, App, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Service (collectively, “Users”) may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.

Our Content

Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.

You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.

You are also granted a limited license to reproduce content from the Services for personal use. This license is limited to ChumMe’s own content and user-generated content. This license is non-exclusive, non-sublicensable, and non-transferable on a worldwide basis. If you want to use any of our content in any way that is for a commercial purpose, you need prior written permission from ChumMe or the relevant copyright holder. We define a “commercial purpose” as your use of our content in any way for your financial gain.

User Content

We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services or ChumMe Users. ChumMe shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site, the ChumMe App, or on ChumMe's social media pages (collectively, "Feedback") and it may share with any of its affiliates. ChumMe will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site, App, or elsewhere. Without limitation, ChumMe will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not ChumMe, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.

To the extent that you decide to post any content (“User Content”), including Feedback, on the Services or on ChumMe’s social media pages, you agree not to, and shall not permit any third party using your Account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ChumMe all of the license rights granted herein. ChumMe may refuse to accept or transmit User Content. Additionally, ChumMe shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.

Other than Feedback, as between us and you, you own, or have obtained the right to post, all of the content and information that you post or share on the Site. By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sublicensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote ChumMe and the Services. We may exercise our rights anywhere in the world.

You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Claims of Copyright Infringement

Chume complies with the Digital Millennium Copyright Act (DMCA). ChumMe will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify ChumMe's Copyright Agent by email at copyright@ChumMe.com or by mail to ATTN: ChumMe Copyright , Peach Paw, LLC, 21301 S. Tamiami Trail, Suite 320, PMB 105, Estero, FL, 33928. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site, sufficient for ChumMe to locate the material; your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the Digital Millennium Copyright Act, ChumMe has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. ChumMe also may terminate User accounts even based on a single infringement.

Warranty Disclaimer

Site and Mobile Application

YOUR USE OF THE SITE OR MOBILE APPLIACTION IS AT YOUR SOLE RISK. THE SITE, MOBILE APP, AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, CHUMME AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "CHUMME") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SITE AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE R REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. CHUMME MAKES NO WARRANTY THAT (I) THE SITE OR MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR MOBILE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MOBILE APPLICATION WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SITE OR MOBILE APPLICATION WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SITE AND MOBILE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHUMME PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): CHUMME MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR MOBILE APPLICATION OR ANY WEBSITE LINKED TO THE SITE OR MOBILE APPLICATION. ChumMe will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the ChumMe’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL CHUMME, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution and Arbitration

Informal Resolution

It is ChumMe’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that ChumMe has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, ChumMe is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with ChumMe, you acknowledge and agree that you will first give ChumMe an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: dispute@ChumMe.com or by mail to ATTN: ChumMe Customer Service, Peach Paw, LLC, 21301 S. Tamiami Trail, Suite 320, PMB 105, Estero, FL, 33928.

You then agree to negotiate with ChumMe in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after ChumMe's receipt of your written description of it, you agree to the further dispute resolution provisions below.

Mutual Agreement to Arbitrate

You and ChumMe agree that we will resolve any claim or controversy at law or equity that arises out of or relates to these Terms or the Services through binding individual arbitration rather than proceed in court. You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

Arbitration under these Terms of Service shall be conducted by the rules and procedures of the American Arbitration Association (the "AAA"). The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The party requesting relief may choose to resolve the dispute through binding non-appearance based arbitration in which the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions. The arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties.

Regardless of the size of the claim, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site, App, the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Release

You agree to release and hold harmless ChumMe, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and causes of action of every kind and nature [including personal injuries, death, and property damage], that arise from or relate to your use or misuse of, or access to, the any interactions with, or act or omission of, or User Submissions provided by, other Users or any third party site, products, services, and links included on or accessed through the Services. ChumMe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with ChumMe in asserting any available defenses.

1542. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

General

ChumMe shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond ChumMe’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Assignment

The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with ChumMe's prior written consent. Any assignment in violation of this section shall be null and void. ChumMe may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

Relationship of Parties

No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect.

Attorneys’ Fees

In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

Notice Policy and Your Consent

Under these Terms you are contracting with Peach Paw, LLC, a Florida Limited Liability Company.

Notice should be addressed to Peach Paw, LLC, ATTN: ChumMe Notice 21301 S. Tamiami Trail, Suite 320, PMB 105, Estero, FL, 33928.

For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other ChumMe company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.

We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your Account, text message, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advised from time to time, pursuant to this provision.

ChumMe’s Rights & Powers

ChumMe has the power to make changes to our Site, Mobile Application, and Service at any time without notice or liability. We also have the right to decide who can and cannot use ChumMe‘s Services. It is solely our right to decide whether we cancel accounts or decline to offer our Services. Similarly, we reserve the right to change our eligibility criteria at any time. We have the right to reject, cancel, interrupt, remove, or suspend any Service at any time and for any reason. And we are not liable for any damages as a result of any of these actions. ChumMe is not required to provide reasons for any of the above actions in this section.

Geographic Limits of Service

ChumMe makes no representation that materials contained on the Site or Mobile Application or products described or offered on or via the Site or Mobile Application are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not ChumMe Parties, are responsible for compliance with applicable local laws.

ChumMe reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.

Governing Law

Except for the Arbitration Agreement set forth under Dispute Resolution and Arbitration, which is governed by the Federal Arbitration Act, these Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Florida and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

You agree that ChumMe and its Services are deemed a passive website that does not give rise to personal jurisdiction over ChumMe or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Florida. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Lee County in the State of Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

Integration and Severability

These Terms and other referenced material constitutes the entire agreement between you and ChumMe with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and ChumMe with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

State Specific Terms

There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary otherwise contained in these Terms.

Contact

If you have any questions regarding these Terms, please contact us at feedback@ChumMe.com or by mail at the address below:

Peach Paw, LLC
Attention: ChumMe Customer Service
21301 S. Tamiami Trail
Suite 320, PMB 105
Estero, FL, 33928

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE CHUMME PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. End.
April 6, 2016