Terms of Use

Version: 1.0

Effective Date: July 22, 2026

This Snagr Terms of Use Agreement (the “Terms” or “Agreement”) is a binding agreement between you (“End User” or “you”) and Reynolds Technologies, LLC (“us”, “we”, “Company” and/or “Snagr”). This Agreement governs your use of the Snagr application (including all related documentation, the “Application”). Together you and Snagr may be referred to as the “Parties” or separately as “Party.”

The Application is licensed, not sold, to you.

PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 19 BELOW. THESE GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND SNAGR.

SECTION 19 REQUIRES WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND SNAGR SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION, INCLUDING DISPUTES RELATED TO ARBITRABILITY. SECTION 19 ALSO INCLUDES A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, SMALL CLAIMS COURT ELECTION, CLASS ACTION AND JURY TRIAL WAIVERS, AND ADDITIONAL PROCEDURES FOR MASS ARBITRATION FILINGS THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS TYPICALLY LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

We may update these Terms from time to time.

  1. Introduction. By accessing or using our Services on the Application, or any other platforms or services Snagr may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status. Your access and use of our Services is also subject to the Privacy Policy, Community Guidelines, and Safety Tips, which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.
    • Snagr is a dating application designed for adults who meet the eligibility criteria set forth in these Terms. The Service allows users to create profiles, view other users, express interest (“Snag”), match with other users who have mutually expressed interest, and exchange messages with their matches.
    • We reserve the right to introduce mandatory features to our Services at any time. These features may be designed to enhance the functionality, security, safety or overall user experience of our Services. As these features are mandatory, if you do not wish to engage with these features, you may lose access to your account or be required to terminate your account as set forth in Section 12.
    • These Terms may change from time to time. We may notify you of a change to the Terms via email, in-app notification, or other means; however, you are responsible for regularly checking this page for any changes. To the maximum extent permitted by applicable law, your continued access or use of our Services after the effective date of the Terms constitutes your consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
    • Notwithstanding the foregoing, any material changes to the Limitation of Liability in Section 17 and the Dispute Resolution provisions in Section 19, or where otherwise required by law, will require your affirmative acceptance. Further, subject to applicable law, we reserve the right to change the availability of features in our subscription plans in any manner and at any time as we may determine at our sole discretion.
  2. Account Eligibility; Your Responsibilities.
    • You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
      • You are an individual (i.e., not any body corporate, partnership or other business entity) at least 18 years old;
      • You are legally qualified to enter a binding contract with Snagr;
      • You are located in the United States;
      • You are not on any list of individuals prohibited from conducting business with the United States (for example, the U.S. Treasury Department’s list of Specially Designated Nationals or any similar government agency list) nor do you face any other similar prohibition);
      • You are not prohibited by law from using our Services;
      • You have not committed, been convicted of, or pled no contest to any crime involving violence, the threat of violence, or sexual misconduct;
      • You are not required to register as a sex offender with any state, federal or local sex offender registry;
      • You do not have any other active accounts on our Services; and
      • You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

You may create only one account, unless otherwise approved by Snagr. If we suspend or terminate your account, you may not create a new one without our written permission. If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to delete your account and remove your access to our Services without warning in our sole discretion.

  • You agree to:
    • Provide accurate information when creating your account, including a verified email address. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account;
    • Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
    • Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
    • Use the latest version of the Application;
    • Treat other users in a courteous and respectful manner, both on and off our Services;
    • Be respectful when communicating with any of our customer care representatives or other employees;
    • Review the Safety Tips;
    • Review and comply with the Community Guidelines, as updated from time to time; and
    • Take reasonable measures to protect the security of your account and login information
  • You agree that you will not:
    • Misrepresent your identity, age, employment (current or previous), qualifications or affiliations with a person or entity;
    • Use the Services in a way that damages the Services or prevents their use by other users, including in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application;
    • Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
    • Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using our Services for purposes of money laundering or other financial crimes;
    • Harass, bully, stalk, intimidate, assault, defame, harm or otherwise or mistreat any person;
    • Post or share Prohibited Content (see below);
    • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
    • Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
    • Use another user’s account or share your account with another person;
    • Use our Services in relation to fraud, a pyramid scheme, or other similar practice;
    • Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions;
    • Violate the terms of the license granted to you by Snagr (see Section 7 below);
    • Disclose private or proprietary information that you do not have the right to disclose;
    • Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Snagr’s prior written consent;
    • Express or imply that any statements you make are endorsed by Snagr;
    • Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
    • Upload viruses or other malicious code or otherwise compromise the security of our Services;
    • Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
    • “Frame” or “mirror” any part of our Services without Snagr’s prior written authorization;
    • Use meta tags or code or other devices containing any reference to Snagr or the platform (or any trademark, trade name, service mark, logo or slogan of Snagr) to direct any person to any other website for any purpose;
    • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
    • Use or develop any third-party applications or services that directly interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;
    • Use, access, or publish the Snagr application programming interface without our written consent;
    • Probe, scan or test the vulnerability of our Services or any system or network;
    • remove, delete, alter, or obscure any trademark or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any feature or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
    • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
    • Encourage, promote, or agree to engage in any activity that violates these Terms;
    • Create a new account after we suspend or terminate your account, unless you receive our express permission; or
    • Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any Snagr reporting or appeals request system made available.

The license granted to you under these Terms and any authorization to access the Services is automatically revoked if you do any of the above.

  • Snagr prohibits uploading or sharing content that:
    • Could reasonably be deemed to be offensive or to harass, upset, embarrass, or alarm any other person;
    • Is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity;
    • Is abusive, insulting, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
    • Is illegal or encourages or facilitates any illegal activity including, without limitation, terrorism, human trafficking, money muling, child abuse and exploitation, or the incitement of violence or hatred;
    • Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism, or harmful misinformation;
    • Is defamatory, libelous, or untrue;
    • Relates to commercial activities (including, without limitation, sales, competitions, employment or investment opportunities, promotions, and advertising, solicitation for services, sex work, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
    • Involves or facilitates the transmission of “junk mail” or spam;
    • Contains any 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 Snagr or otherwise;
    • Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
    • Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian);
    • Includes an image or likeness of a minor who is unaccompanied by the minor’s parent or guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual activity;
    • Is inconsistent with the intended use of the Services; or
    • May harm the reputation of Snagr or its affiliates, meaning the uploading or sharing of content on the Snagr platform that is defamatory to Snagr or its affiliates or advocates misuse of the Service or any service provided by Snagr’s affiliates.

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.

  1. Content. While using our Services, you may have access to: (i) content that you upload, provide, or share while using our Services, even if suggested by our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Snagr provides on and through our Services (“Our Content”). From time to time, Snagr may itself use or offer to you certain software-enabled technology utilizing artificial intelligence or machine learning systems (“AI Technology”) as part of the Services. You are solely responsible for any content generated by such AI Technology that you create, upload or share. In this Agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users, and any content generated by AI Technology that you create, upload, or share.
    • Your Content. You may provide a display name, age, bio, photos, prompt responses, tribal affiliation, state, and optional lifestyle information. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online. Your individual profile will be visible to other people, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 8 We may provide tools and features to enhance individual expression through Your Content and Member Content, and we’re constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content, including with the use of AI Technology. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content. You understand and agree that we may analyze, access, store, and use Your Content, including messages and other communications, to monitor, develop, personalize, and improve our Services, including through the use of machine learning and other automated technologies, in accordance with applicable law. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. If Your Content is prohibited under the laws of any jurisdiction where our Services are available, we may remove it even if it is not illegal in your location. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
    • Member Content. Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content. Snagr expressly disclaims any responsibility for such Member Content. You do not have any rights in relation to Member Content, and, unless expressly authorized by Snagr, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing you to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content. The usage limitations set forth in Section 2 with respect to Prohibited Content apply to your use of Member Content, as well as any other content.
    • Snagr Content. As between you and Snagr, any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on or incorporated into our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited license to access and use Our Content as provided under Section 7 below, and we reserve all other rights.
  2. Inappropriate Content and Misconduct; Reporting.
  • You can **block** any other user at any time. Blocked users cannot view your profile, Snag you, or message you.
  • You can **unmatch** from any user at any time. Unmatching ends the ability to exchange further messages.
  • You can **report** other users for inappropriate content, harassment, spam or fake profiles, being underage, or other violations.

We may, but are not obligated to, monitor, review, or remove any content on the Service. Photos uploaded to Snagr are automatically screened using third-party image analysis (Google Cloud Vision SafeSearch) to detect explicit content. Content that violates these Terms may be removed without notice, and accounts that repeatedly violate these Terms may be suspended or terminated. We do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. We review reports and take action that we determine to be appropriate, including warning, suspending, or terminating accounts. We aim to respond to reports of egregious content (such as child sexual abuse material, threats of violence, or non-consensual intimate imagery) within 24 hours.

As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 16 (Digital Millennium Copyright Act) below.

  1. Rate Limits and Automated Enforcement. To prevent abuse, we apply rate limits on the number of Snags and passes you can send in a rolling 24-hour period. We may adjust these limits without notice. Attempts to circumvent rate limits may result in suspension or termination.
  2. Privacy. For information about how Snagr and its affiliates collect, use, and share your personal data, please read our Privacy Policy https://snagr.app/privacy-policy/. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
  3. Rights You Are Granted by Snagr; Reservation of Rights. For as long as you comply with these Terms, Snagr grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for non-commercial use and purposes as intended by Snagr and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Snagr and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
  4. Rights You Grant to Snagr. By creating an account, you grant to Snagr a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Without limiting the foregoing, You acknowledge that Snagr may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy, https://snagr.app/privacy-policy/, by downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further grant to Snagr a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to (a) collect and use Your Content to the extent necessary to perform its obligations and exercise its rights under the Agreement; and (b) to train, develop, adapt, modify, enhance, or improve the Services and other products or services including through our use of AI Technology. You acknowledge that Snagr’s Services may “learn” and improve based on information received and generated (including Your Content) and cannot thereafter “unlearn.”. Snagr’s license to Your Content shall be non-exclusive, except that Snagr’s license shall be exclusive with respect to derivative works created through use of our Services (including through our use of AI Technology). In addition, so that Snagr can prevent the use of Your Content outside of our Services, you authorize Snagr to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Snagr is not obligated to take any action with regard to use of Your Content by other users or third parties. Snagr’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws). In consideration for Snagr allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Snagr regarding our Services, you agree that Snagr may use and share such feedback for any purpose without compensating you, and you waive all rights in or to such suggestions or feedback. You agree that Snagr may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, (vi) investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; or (vii) comply with the data rights requests of other users.
  5. Geographic Restrictions. The Application and Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Application and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application and Services from outside the United States, you are responsible for compliance with local laws.
  6. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
    • the Application will automatically download and install all available Updates; or
    • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Ads and Third-Party Materials. Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. In addition, the Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for, and does not endorse, Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
  2. Term and Termination.
    • The term of Agreement commences when you download or install the Application and will continue in effect until terminated by you or Snagr as set forth in this Section 12.
    • You may terminate this Agreement by deleting the Application and all copies thereof from your mobile device.
    • Snagr may terminate this Agreement at any time without notice. In addition, Snagr also reserves the right to review and, if appropriate, suspend, terminate, or ban your account without a refund if Snagr believes that you have violated these Terms, misused our Services, or behaved in a way that Snagr regards as inappropriate or unlawful, on or off our Services, in our sole discretion. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services. Consistent with applicable law, you understand and agree that Snagr may not share information with you regarding your account termination if doing so would potentially impair the safety or privacy of other users. If your account is terminated by you or by Snagr for any reason, these Terms continue and remain enforceable between you and Snagr, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
    • Upon termination (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your mobile device and account. Termination will not limit any of Snagr’s rights or remedies at law or in equity.
  3. Website Content and Services. The Application may provide you with access to Company’s website located at www.snagr.app (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Website Content and Services”). Your access to and use of such Website Content and Services are governed by Website’s Terms of Use and Privacy Policy located at https://snagr.app/terms-of-service/ and https://snagr.app/privacy-policy/, which are incorporated herein by this reference. Your access to and use of such Website Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
  4. No Criminal Background or Identity Verification Checks. YOU UNDERSTAND THAT SNAGR DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SNAGR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. SNAGR RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORIZE SNAGR TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT, AND SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT, GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY SNAGR, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR. Though Snagr strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
  5. Disclaimer of Warranties. SNAGR PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SNAGR DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, SNAGR MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES. SNAGR ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES SNAGR ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, CONDUCT, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH SNAGR ON OR OFF THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. SNAGR IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. Digital Millenium Copyright Act. Snagr has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
    • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
    • Any DMCA Takedown Notices should be sent to admin@reynolds-tech.com or via mail to the following address United States Corporation Agents, Inc, 2761 Allied St., 1st Floor, Green Bay Wi, 54304. Snagr will terminate the accounts of repeat infringers.
  2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SNAGR, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS (INCLUDING BUT NOT LIMITED TO CONTENT DEFINED ABOVE AS ‘MEMBER CONTENT’ OR ‘YOUR CONTENT’) OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SNAGR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SNAGR’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO SNAGR FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST SNAGR, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 17 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
  3. Indemnification. You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Snagr, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, your breach of this Agreement, or your violation of any rights another person or entity. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
  4. Dispute Resolution. In the unlikely event that we have a legal dispute, the Parties agree to proceed as follows, except where prohibited by applicable law.
    • Informal Dispute Resolution Process. If you are dissatisfied with our Services for any reason, please contact admin@reynolds-tech.com first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Snagr, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in this Section 19, “Snagr” shall include our affiliates, employees, licensors, and service providers. Snagr values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. “Dispute” is any dispute, claim, or controversy between you and Snagr that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement, claims that arise during the term of this Agreement, and claims that arise after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and Snagr). If you have a Dispute with Snagr (“Your Dispute”), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to admin@reynolds-tech.com. If Snagr has a Dispute with you (“Snagr’s Dispute”), Snagr agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Snagr to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any) . You must personally sign this Notice for it to be effective. Snagr’s Dispute Notice must likewise set forth a detailed description of Snagr’s Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Snagr agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, Snagr may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, you may request a telephone conference to discuss Snagr’s Dispute with you, and Snagr agrees to have one representative participate. (For the avoidance of doubt, if you submit a Notice relating to Snagr’s termination of your account, as set forth in Section 12 above, such Dispute is not Snagr’s Dispute with you.) This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Snagr may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below). Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action (except to the extent a court finds the “Ending Forced Arbitration of Sexual Assault and Harassment Act” applies). Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Snagr engage in this informal dispute resolution process. The arbitration provider shall be the American Arbitration Association (“AAA”). Unless prohibited by applicable law, the AAA shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly. All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing a AAA arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.
    • Individual Relief: Class Action Waiver and Jury Trial Waiver. TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND SNAGR EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT TO THE EXTENT A COURT FINDS THE “ENDING FORCED ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARRASSMENT ACT” APPLIES). YOU AND SNAGR EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST SNAGR. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND SNAGR AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
    • Dispute Resolution Through Arbitration or Small Claims Court. Any Dispute (that is not resolved informally by contacting admin@reynolds-tech.com or the informal dispute resolution process as provided under Section 19(a) above) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except for the following types of Disputes:
      • Disputes that are within the jurisdiction of a small claims court: Either you or Snagr may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider (e.g., AAA). No determinations made by a small claims court shall have preclusive effect in any proceeding involving Snagr and anyone other than you. In the event the small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and Snagr shall arbitrate the Dispute under the terms of this Agreement. In the event the small claims court retains jurisdiction over certain claims, those claims will proceed in small claims court first. If there are additional claims not within the small claims court’s jurisdiction, you and Snagr shall arbitrate the remaining claims of the Dispute under the terms of this Agreement.
      • Disputes about whether a Dispute is within the jurisdiction of small claims court: Any controversy regarding the small claims court’s jurisdiction shall be exclusively determined by such small claims court. If the small claims court is unable or unwilling to resolve such controversy, disagreements about whether a Dispute is within the jurisdiction of a small claims court may otherwise be resolved in a court of competent jurisdiction. If you or Snagr challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding or have preclusive effect with respect to any proceeding involving Snagr and anyone other than you.
      • To the extent your claims are covered by the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act”: If a court finds the EFAA covers your claim(s), that claim can be brought in accordance with Section 22.

All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, such as questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate. Any court proceeding to enforce this Dispute Resolution Section 19, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 22. In the event Dispute Resolution Section 19 is for any reason held to be unenforceable, any litigation against Snagr (except for small claims court actions) may be commenced only in the federal or state courts located in Wisconsin. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

  • Individual Arbitration and Mass Arbitration Protocols. This Section 19(d) applies to Disputes that are submitted to AAA after fully completing the informal dispute resolution process described in Section 19(a) above and when no small claims court election is made by you or Snagr. Any arbitration between you and Snagr shall be administered by AAA in accordance with AAA’s operative Consumer Arbitration Rules (the “AAA Rules”) in effect at the time any demand for arbitration is filed with AAA, as modified by this Dispute Resolution Section 19. For a copy of the AAA Rules, please visit www.adr.org or contact AAA at (888) 778-7879 or at email address at CustomerService@adr.org. If AAA is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace AAA and assume AAA’s role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume AAA’s duties under this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider’s rules. The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section 19 (subject to either Party’s small claims court election as described above):
    • Commencing an Arbitration – To initiate an arbitration, you or Snagr shall send to AAA a demand for arbitration (“Demand for Arbitration”) that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and AAA Rules. If you send a Demand for Arbitration, you shall also send it to Snagr at United States Corporation Agents, Inc, 2761 Allied St., 1st Floor, Green Bay Wi, 54304, within 7 days of delivery of the Demand for Arbitration to AAA. If Snagr sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 7-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section 19 or if either Party elects small claims court as set forth above.
    • Fees – The payment of AAA fees shall be governed by the AAA Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the AAA fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 19 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to Snagr of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. Snagr is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If Snagr initiates an arbitration against you, we shall pay all AAA fees.
    • The Arbitrator – The arbitration shall be conducted by a single, neutral arbitrator (the “Claim Arbitrator”), as assisted by any Process Arbitrator appointed under AAA Rules. (The term “Arbitrator” applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event AAA Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 19 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the “Unfair Term”), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the “Modified Term”). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
    • Dispositive Motions – The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator’s appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties’ pleadings and the evidence submitted.
    • Discovery –Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator’s appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator’s final decision on such dispositive motion. If after meeting and conferring the Parties cannot agree on a dispute about discovery or a request for extension, that matter shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery matter, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and the extent to which the requested discovery is truly necessary for the adequate preparation of a claim or defense, and AAA’s goal of efficient and economical resolutions. The burden of establishing good cause for any additional discovery is on the moving Party.
    • Confidentiality – Upon either Party’s request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
    • Arbitration Hearing – You and Snagr are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing at least within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party’s failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
    • Arbitration Award – Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Snagr and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the AAA Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
    • Offer of Settlement – The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party’s favor and is less than the Respondent’s settlement offer or if the award is in the Respondent’s favor, the opposing Party must pay the Respondent’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
    • Mass Filing – If, at any time, 25 or more similar demands for arbitration are asserted against Snagr or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the AAA’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“AAA’s Mass Filing Rules”, available at Rules, Fees & Forms - National Arbitration and Mediation), the additional protocols set forth below shall apply.
      • If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.
      • AAA’s Mass Filing Rules shall apply if your Dispute is deemed by AAA, in its sole discretion pursuant to its Rules and this Dispute Resolution Section 19, to be part of a Mass Filing. Such election for AAA’s Mass Filing Rules and related fee schedule must be made by either you or Snagr in writing and submitted to AAA and all Parties.
      • Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. For the first set of bellwether proceedings, counsel for the Mass Filings claimants (including you) and counsel for Snagr shall each select 15 Demands for Arbitration (30 total) to proceed, and no more than those 30 arbitrations shall be filed, processed, adjudicated, or pending at such time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending.

If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then the Parties will continue to engage in the bellwether proceedings for an additional four (4) rounds, increasing the amount of Demands for Arbitration selected by counsel for each Party by five (5) with each round, so that during the second round, counsel for the Claimants and counsel for Snagr shall each select an additional 20 Demands for Arbitration (40 total), in the third round, 25 each (50 total), in the fourth round, 30 each (60 total), and in the fifth round 35 each (70 total).  Within each round, each of the individual arbitrations is to be presided over by a different Claim Arbitrator, and during these additional rounds of the bellwether proceedings, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated once selected by the Procedural Arbitrator. Following the first round of bellwether proceedings, but before the second round of bellwether proceedings, counsel for the Parties shall participate in a global mediation, before a retired federal or state-court judge (unless the Parties agree otherwise), with Snagr to pay the mediator’s fees. Following the second, third, fourth, and fifth rounds of bellwether proceedings, counsel for both parties should discuss additional mediation and seek out opportunities to resolve the remaining Demands for Arbitration, but will only proceed with mediation upon consent of counsel for all Parties.

If the Parties are unable to resolve the remaining Demands for Arbitration after the fifth set of bellwether proceedings are arbitrated or otherwise resolved, and the Parties decide to not continue with additional rounds of bellwether proceedings, then counsel for the Claimants and counsel for Snagr shall discuss with AAA a fair process for individually adjudicating the remaining Demands for Arbitration. Under this process, the Procedural Arbitrator will make the final decision on the number of Demands for Arbitration that can proceed individually at any time, as well as a method for selecting which Demands for Arbitration will proceed, taking into account the number of individual arbitrations that counsel for Claimants and counsel for Snagr are able to reasonably manage at the same time, as well as the number of individual arbitrations that AAA is able to administer. A Demand for Arbitration that was not included in the bellwethering process will only be deemed filed, processed, or adjudicated once selected by the Procedural Arbitrator. At any time after the first set of Demands for Arbitration are resolved (30 Demands for Arbitration total), the Parties may agree to forgo the bellwether proceedings for any additional Demands for Arbitration deemed to be part of the Mass Filings. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by Snagr and the Claimants (including you), shall only be due after the Demand for Arbitration is chosen to proceed as part of a set of bellwether proceedings, or after being selected by the Procedural Arbitrator to proceed upon completion of the bellwether proceedings, and therefore properly designated for filing, processing, and adjudication. The Parties are encouraged to meet and confer throughout this process regarding ways to streamline the proceedings, including discussion of potential ways to increase the number of Demands for Arbitration to be adjudicated in sets of staged bellwether proceedings. Either Party may negotiate with AAA as to reducing and deferring fees and streamlining procedures. If you are a Mass Filing claimant, any applicable statute of limitations (or other applicable limitations period) shall be tolled beginning when you initiate the informal dispute resolution process set forth in Section 19(a) of the Agreement, and if the first Mass Filings’ Demands for Arbitration that are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is either selected by counsel for the Parties in the bellwether proceedings or selected by the Procedural Arbitrator following completion of the bellwether proceedings. A court of competent jurisdiction located in a venue allowed under Section 22 of the Agreement shall have the power to enforce this subsection.

  • You and Snagr agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Snagr acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases..
  • Future Changes and Retroactive Application. This Dispute Resolution Section 19 applies to all Disputes between the Parties, including for any claims that accrued against you or Snagr prior to the time of your consent to this Agreement and to any claims that accrue against you or Snagr after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution Section 19 as to claims that have accrued against you or against Snagr prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: admin@reynolds-tech.com. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution Section 19. Please note: if you opt out of the retroactive application of this Dispute Resolution Section 19, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or Snagr after your consent to this Agreement in accordance with this Dispute Resolution Section.
  1. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
  2. Governing Law. You understand and acknowledge that Snagr maintains its principal place of business in Wisconsin. You agree that the Services, this Agreement, and all Disputes, including but not limited to any claims or controversies arising out of or relating to this Agreement or our Services, shall be deemed to have arisen in Wisconsin and in no other state or county, and that Wisconsin law and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law). The laws of Wisconsin, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process set forth in Section 19 shall be governed by the Federal Arbitration Act. Both parties agree that this choice of law agreement is enforceable and waives the right to have a court conduct a conflict of law analysis.
  3. Venue/Forum Selection. Except where prohibited by law, and except for claims that are heard in a small claims court as set forth in Section 19, any claims arising out of or relating to this Agreement (including any challenges to the class action waiver provision in Section 19(b)), to our Services, or to your relationship with Snagr that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Wisconsin, U.S.A. You and Snagr consent to the exercise of personal jurisdiction of courts in the State of Wisconsin and waive any claim that such courts constitute an inconvenient forum.
  4. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  5. Acceptance of Terms. By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, and (ii) our Privacy Policy, Community Guidelines and Safety Tips. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred may require.
  6. Entire Agreement. These Terms, with the Privacy Policy, Community Guidelines, and Safety Tips, contain the entire agreement between you and Snagr regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Snagr account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Snagr in any manner.
  7. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.