1. Introduction. These Terms and Conditions of Use (“Terms of Service”) apply to your access to, and use of, the Pure Romance, LLC (“Pure Romance”) website, located at www.pureromance.com or any other website where these Terms and Conditions of Use are posted, linked, or incorporated by reference (“Website”). These Terms of Service are a legal and binding agreement between you (“User”, “you”, or “your”), Pure Romance, and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”) (Pure Romance and its Affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”). These Terms of Service govern your use of the Website, which includes the programs, offers, content, information, services, and features made available through the Website. If you do not agree to these Terms of Service, then you should not access or use the Website. 

2. Changes to these Terms of Service.  

1. We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. If you have provided Pure Romance with an email address, we will notify you via email if any changes to these Terms of Service materially affect your rights. 
2. Your continued access to and/or use of the Website following the posting of revised Terms of Service means that you accept and agree to these changes. 

3. Registration.  

1. Registration. To access and use certain portions of the Website, you may be required to complete a registration process and/or setup an account or login (“Account”).  Certain portions of the Website may be available to persons that access or use the Website without registering for an Account (“Visitors”), including those portions before your Account registration is completed. We reserve the right to decline a Visitor’s request to register an Account and may terminate or suspend an Account, for any or no reason, including, without limitation, failing to meet the eligibility requirements set forth in these Terms of Service. If you create an Account as an employee or agent on behalf of a company or other entity, you represent and warrant that you are authorized to enter into binding contracts, including these Terms of Service, on behalf of yourself and the company or entity you represent. You agree that you are responsible for all activities on your Account. 
2. Account Profile. To register for an Account, you must complete a user profile (“Profile”), which you consent to be shown to other users at our discretion. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Website or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your skills, your qualifications, or any other information requested of you. Further, you agree to correct any such information that is or becomes false or misleading.
3. Identity and Location Verification. When you register for an Account and from time to time thereafter, each Account and Profile may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your location. You authorize us, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, subject to applicable law. When requested, you must timely provide us with complete information about yourself.
4. Account Permissions. You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business or organization. By granting other users permissions under your Account, you represent and warrant that (a) the user is authorized to act on your behalf, (b) you are financially responsible for the user’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any user to whom you have provided any permissions and any other person who uses the Account. If any such user violates these Terms of Service, it may affect your ability to use the Website. 
5. Usernames and Passwords. When you register for an Account, you will be asked to choose a username and password or a username and password will be assigned to you for the Account. You are solely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person. You authorize us to assume that any person using the Website with your username and password is you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another user of the Website. 

4. User Requirements.  

1. You are responsible for:
   1. Making all arrangements necessary for you to have access to and make use of the Website.
   2. Ensuring that all persons who access and use the Website through your internet connection or your Account will comply with these Terms of Service.
2. You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with your access and use of the Website, including those related to data privacy and security. You agree to promptly notify us of any violation of this Section.  

5. Content; Conduct.  

1. Through using the Website, you may have the ability to make content and data available to us and other users (“User Content”), including, without limitation, unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like, including for commercial purposes, such as advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials. All User Content must comply with these Terms of Service and any content guidelines we may establish from time to time. Without limiting the generality of the foregoing, User Content must not: 
   1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
   2. Promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
   3. Enfringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights, including rights of publicity, of any other person.
   4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or these Terms.
   5. Intend to deceive or act in any way reasonably likely to deceive any person.
   6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
   7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
   8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
   9. Involve commercial activities or sales outside the scope of the Service, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
   10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
2. Any User Content you make available to us or other users will be considered non-confidential and non-proprietary. By making any User Content publically available to us or other users on or through the Website, you grant to us and our Affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content, without payment to you, for any lawfully permitted purpose, including, without limitation, commercial purposes, such as for creating new products and services and advertising purposes. 
3. You represent and warrant that: 
   1. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
   2. All of your User Content does and will comply with these Terms of Service. 
4. You understand and acknowledge that you are responsible for any User Content made available by you, and you, not us, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any other users or any third party for the content or accuracy of any User Content made available on or through the Website or any action or inaction based on the foregoing. 
5. We do not generally investigate any remarks posted by users or other User Content for accuracy or reliability and do not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content, including, without limitation, if such User Content is legally actionable or defamatory. You are solely responsible for your reliance on the User Content of another, including, without limitation, relying on the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by you against other users or third parties as a result of or in connection with your reliance on User Content. We are not legally responsible for User Content or reliance on User Content, including, without limitation, feedback or comments posted to or made available on the Website by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the Website and to protect users from harassment or abuse, we reserve the right (but are under no obligation) to remove posted User Content, including, without limitation, feedback or information, that, in our sole judgment, violates these Terms of Service or negatively affects the Website or otherwise is inconsistent with our business interests. You acknowledge and agree that you will notify us of any error or inaccurate statement in your User Content, and, that if you do not do so, we, other users, or other third parties may rely on the accuracy of such information.
6. We have the right but not the obligation to:
   1. Remove or refuse to post any User Content for any or no reason in our sole discretion;
   2. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Service, is defamatory, offensive, inaccurate, deceptive or misleading, illegal, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for us or any user;
   3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
   4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
   5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
7. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials or User Content on or through the Website. YOU WAIVE AND HOLD HARMLESS THE PURE ROMANCE INDEMNIFIED PARTIES (DEFINED BELOW) AND EACH OF THEIR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8. However, we cannot review all material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.  

6. Intellectual Property 

1. Ownership. The Website and their entire contents, features and functionality (including but not limited to all information, software, analysis, data, text, displays, images, video and audio, “look and feel,” and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 
2. License. These Terms or Use permit you to use the Website solely for your personal use.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials provided on or through the Website except as follows: 

1. 1. you may temporarily store copies of such materials incidental to your accessing and viewing those materials;
   2. you may store files that are automatically cached by your computer or personal electronic device for display enhancement purposes; and
   3. if we provide social media features with certain content, you may take such actions as are enabled by such features.

3. Restrictions. You shall not:  

1. 1. copy the Website or any part thereof, except as expressly permitted by these Terms of Service;
   2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or any part thereof;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website or any part thereof;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy thereof;
   5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Services, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time; 
   6. send or store: (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights; or (b) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
   7. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website; or 
   8. access or use the Website, or any features or functionality of the Services, for purposes competitive with the business of Pure Romance or its Affiliates or for the purpose of benchmarking the Website, or monitoring their availability. 

4. Reservation of Rights. No right, title or interest in or to the Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. 

5. Trademarks. You understand and agree that you shall have no right to use any of the Pure Romance Marks (as defined below) for any purpose whatsoever without the prior written approval of Pure Romance, and such approval may be withheld in Pure Romance’s sole discretion. For purposes of these Terms of Service, “Pure Romance Marks” means the names, trademarks, service marks, logos, and other designations of origin of Pure Romance and its Affiliates, including, without limitation, PURE ROMANCE, and the logos and/or design elements that may accompany them. You acknowledge and agree that we own all right, title, and interest in and to the Pure Romance Marks. All other names, logos, product and service names, designs and slogans displayed on or through the Website are the trademarks of their respective owners. 

6. Release. YOU COVENANT NOT TO SUE OR MAKE OR ASSERT AGAINST ANY PURE ROMANCE INDEMNIFIED PARTY ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT WITH RESPECT TO THE WEBSITE. 

7. Copyright Infringement Notification.  

1. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) should send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
2. If you believe that your work has been improperly copied and posted on the Website, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable Website and a description of where the material that you claim is infringing is located within such Website; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
3. Notices and counter-notices should be sent to: 

8. Linking to Other Websites and Social Media Features  

1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 
2. As provided in Section 6, we make this Website available to you only for the purposes for which we provide the Website. Without limiting the generality of the foregoing, you may not use or access the Website or purchase Products from it for the purpose of commercial reviews of such Products or inaccurate or untruthful reviews about Pure Romance, the Website, or the Products. 
3. This Website may provide certain social media features that enable you to:
   1. Link from your own or certain third-party websites to certain content on this Website.
   2. Send e-mails or other communications with certain content, or links to certain content, on this Website.
   3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. 
4. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
   1. Establish a link from any website that is not owned by you.
   2. Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
   3. Link to any part of the Website other than the homepage.
   4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service. 
5. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. 

9. Optional Tools. We may provide you with access to certain tools. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). 

10. Confidentiality.  

1. Definition.  In connection with the Terms of Service and while accessing the Website, you may have access to certain non-public information, documents and materials relating to our business, irrespective of the form of communication (oral, written, electronic or otherwise) along with all notes, analyses, compilations, forecasts, data, translations, studies, memoranda, copies, extracts, reproductions or other documents that contain or otherwise reflect such information, documents and materials belonging to, or in which the supplier of the information has any rights or interest, project information (“Confidential Information”).  Confidential Information shall include information, documents and materials related to pricing, rates, fees, or other similar information, training methods, business practices, plans, projections, trade secrets, account information, research information, accounting information, human resources and personnel information, marketing/sales information, third party contracts, licenses, audits, regulatory compliance information, and all intellectual property owned or licensed by use. 
2. Exclusions.  The confidentiality obligations herein will not apply to any Confidential Information which: (a) is or becomes generally available to and known by the public (other than as a result of your non-permitted disclosure or other wrongful act, directly or indirectly); (b) is or becomes available to the you on a non-confidential basis from a source other than Pure Romance or its representatives; provided, however, that you had no knowledge that such source was, at the time of disclosure to you, bound by an obligation of confidentiality which was breached by the disclosure; and provided, further, that if you later become aware that the source did not have the right to disclose such information, you will use commercially reasonable efforts to restrict the  future use and disclosure of the Confidential Information to be consistent with these Terms of Service; (c) has been or is hereafter independently acquired or developed by you or its representatives without reference to such Confidential Information and without otherwise violating these Terms of Service or any obligation of confidentiality to us; (d) was in your possession at the time of our disclosure to you without restriction as to confidentiality; or (e) is required (by oral question, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to be disclosed by any governmental entity or pursuant to applicable law; provided, however, that you (i) use all commercially reasonable efforts to provide us with written notice of such request or demand as promptly as practicable under the circumstances so that we will have an opportunity to seek an appropriate protective order or other appropriate remedy, or waive compliance with the provisions of these Terms of Service, (ii) furnish only that portion of the Confidential Information which is, in the opinion of your counsel, legally required and (iii) take, and cause your representatives to take, all other reasonable steps necessary to obtain confidential treatment for any such Confidential Information required to be furnished.
3. Confidentiality Obligations. You will use the Confidential Information of the information owner solely for the purpose of performing your obligations or exercising your rights under these Terms of Service, and not for any other purpose, including the purpose of competing with us.  You will keep such Confidential Information confidential and will not disclose any Confidential Information to any third party without our prior written consent.  You will exercise at least the same degree of care to safeguard the confidentiality of such Confidential Information as you do to safeguard your own proprietary confidential information of equal importance, but not less than a reasonable degree of care.  You will disclose such Confidential Information only to your representatives who have a need to know the Confidential Information for the purpose of performing your obligations or exercising your rights under these Terms of Service. You will ensure, by instruction, contract, or otherwise that such representatives comply with the provisions of these Terms of Service.  You will be responsible in the event any of your representatives’ breach these Terms of Service.  You will promptly notify us in the event that you or your representatives learn of any unauthorized use or disclosure of such Confidential Information, and will promptly take all reasonable actions necessary to correct and prevent such use or disclosure.   

11. Privacy Notice. All information we collect or that you provide on or through the Website is subject to our Privacy Notice, the terms of which are hereby incorporated herein by reference. You consent to our use of any information provided in a manner consistent with our Privacy Notice. 

12. Promotions. 

1. Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (each, a “Promotion” and, collectively, “Promotions”) made available through the Website may also be governed by rules and/or terms that are additional to these Terms of Service. By participating in any Promotion, you will become subject to additional Promotions terms. We urge you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Notice which, in addition to these Terms of Service, governs any information you submit in connection with any such Promotions.
2. Rewards Program. From time to time, Pure Romance may offer a rewards program, wherein customers are able to earn points (“Points”) upon taking certain actions as indicated on our Website or in Promotions (“Eligible Actions”), such as making a purchase, creating an account, referring a purchaser, engaging with our social media, or providing a review on a product (the “Rewards Program”). The Rewards Program is open to all customers with an active account. Participation is subject to compliance with these terms and conditions. 
   1. Earning Points. Points are earned by taking Eligible Actions. Points earned for purchases are calculated based on the total purchase amount, with any fractional Points rounded down to the nearest whole number. For example, a purchase of $19.99 might earn 19 Points, or the point value otherwise indicated on the Website.
   2. Points Value. The value of Points is indicated on the Website.
   3. Points Expiration. Rewards Points expire after 12 months from the date of issue unless otherwise specified. Once expired, Points cannot be reinstated.
   4. Points Redemption. Points can be redeemed on purchases made on the Website. Points cannot be combined with other offers, promotions, or discounts. Points have no cash value and cannot be redeemed for cash. Points cannot be applied to previous purchases.
   5. Limitations. Only one rewards redemption per transaction is allowed. Some products may be excluded from earning or redeeming Points. Points are not transferable, may not be auctioned, bartered or sold, may not be pooled with other members', and expire 12 months after issuance.
   6. Changes and Termination. Pure Romance reserves the right to modify or terminate the Rewards Program at any time. Changes may include altering the earning or redemption structure, expiring points, or any other aspects of the Rewards Program.
3. Referral Program. Subject to these Terms of Service, Pure Romance may offer you the ability to earn Rewards Program Points when you invite friends to purchase from the Website (the “Referral Program”). 
   1. Referral Program Policy. You may invite friends, family members, or colleagues whom you know personally (“Friends”) to purchase from the Website. To be eligible to earn Points, Friends may not be from your household, use the same IP address as you or have an existing account under an alternate email address. You will earn Points for Friends who are not existing customers of Pure Romance and who are first-time customers as a result of your Authorized Invitation (as defined below). To earn Points, your Friends must make a qualifying purchase in an amount greater than the minimum amount specified on the Website or in our Promotions (“Minimum Purchase Amount”) prior to the offer expiration. There may be limits to how many Points you may earn from a Friend’s purchase. While there is currently no maximum number of Friends you may refer through the Referral Program, we reserve the right to set a limit for certain partners in our sole discretion as notified in writing.
      1. You must include your personal unique referral link (“Personal Link”) in your invitation, or you must invite your Friends through one of the invitation mechanisms that we authorize through our Website or on our social media platforms (each, an “Authorized Invitation”). You will not earn Points based on invitations that are not Authorized Invitations.
      2. You will not be eligible for Points unless you have established an active Account on the Website and placed an order before your Friend uses your Authorized Invitation to make a purchase. You will only receive Points for each of your Friends’ first qualifying purchase (as described in the Authorized Invitation or elsewhere on the Website) made as a result of your Authorized Invitation within twelve (12) months from the date that you sent the Authorized Invitation. If your friend does not follow the directions in the Authorized Invitation, you may not receive Points.
      3. If a Friend returns a purchased item that results in their order falling below the Minimum Purchase Amount, your Points earned for that referral will be rescinded
      4. Points will appear in your account within approximately 24 hours after one of your Friend makes their qualifying purchase and we ship their purchased Products. Points may only be used on the Website and may not be used on any other website.
   2. Rewards Program and Referral Program Restrictions and Limitations. 
      1. You may not refer yourself or create multiple, fictitious or fake Accounts with Pure Romance or any social media service that we determine in our sole discretion violates the spirit and intent of our Rewards Program or Referral Program (“Programs”). You may not: (i) tamper with the Programs, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Programs. This includes, but is not limited to, a general prohibition on posting of your Personal Link or any other referral codes on any website or social media platform which offers the referral code to anyone other than Friends if we determine in our sole discretion that your posting circumvents the spirit and intent of the Programs. You may not post on public websites “recipes” designed to instruct the general public how to commit fraud, increase your Points, or circumvent the spirit and intent of the Programs. You may not share any referral code other than your Personal Link or another then-current authorized referral code. You may not conduct your own promotion in connection with our Programs. You may not engage in any promotional, marketing, or other advertising activities on behalf of Pure Romance or any other third parties, including by using any trademarks of Pure Romance or other third parties. You may not use the Programs to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Programs.
      2. We reserve the right to void referrals and Points if we suspect that the referrals or Points were earned in a fraudulent manner, in a manner that violates this policy or these Terms of Service, or in a manner otherwise not intended by Pure Romance. If we believe that a referral code associated with your account was used in such a manner, we have the right to remove all Points associated with that Account and remove you from the Website.
      3. The Programs are void where prohibited by law. Pure Romance reserves the right to modify or terminate the Rewards Program and/or Referral Program at any time. Should there be any tax liability for the accumulation and/or use of Points, such taxes are your sole responsibility. You understand that your Account may not accurately reflect the Points you have actually earned. Pure Romance will have no liability for any errors displayed in your account with respect to Points.  

13. Mobile Terms and Conditions. You have the option to request to receive special text offers and deals from Pure Romance through your mobile device. You may opt in by texting PERKS to 21372. By opting into this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Please visit our Privacy Notice at https://pureromance.com/policies/privacy-policy to review how we treat the data you provide, including your mobile number 

1. By signing up, you are confirming you are over the age of 18. Message frequency varies. Pure Romance reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Pure Romance also reserves the right to change the short code or phone number from which messages are sent. Message and data rates may apply.
2. You may opt out at any time by texting STOP to 21372. You will no longer receive text offers or promotions from Pure Romance, but you will receive a confirmation text.
3. For additional information, text HELP to 21372 or contact 866-766-2623.
4. Supported carriers are: AT&T, Verizon Wireless, Sprint, T-Mobile, Indigo Wireless, MetroPCS, Bluegrass Cellular, Illinois Valley Cellular, Viaero Wireless, Pine Belt, GCI Communications, Nex Tech Communications, Shelcomm, Duet Wireless, Inland Cellular, James Valley Cellular (JVC), Standing Rock Telecom, Cross Wireless, Northwest Missouri Cellular, Alaska Communications Systems (ACS), Thumb Cellular, Carolina West Wireless, Union Telephone, MTPCS Cellular One (Cellone Nation), Cordova, Copper Valley Telecom, ASTAC, Rural Independent Network Alliance (RINA), West Central Wireless, Chat Mobility, SouthernLINC, Panhandle Wireless, Cellcom, Truphone, Google Voice, United Wireless, bandwidth.com (includes Republic Wireless), Altice Mobile, Atlantic Tele-Network International (ATNI), Brightlink, Inteliquent, Aerialink, Blue Wireless, Chariton Valley Cellular, Digital Communications Consulting, TextMe, Pioneer Cellular, East Kentucky Network (Appalachian Wireless), Limitless Mobile, Cellular One of N.E. Arizona, Nemont US UMTS, Nemont CDMA, MTA Wireless/Matanuska Kenai, Pine Cellular, Triangle Wireless, Telnyx, Enflick, C Spire Wireless (aka Cellular South), Virgin Mobile, Boost Mobile, United States Cellular Corp.
5. Not all mobile carriers, mobile devices, or handsets may be supported and any messages sent may not be deliverable in all areas. Pure Romance, its service providers and the mobile carriers are not liable for delayed or undelivered messages.  If you have any questions about your text plan, data plan, or any additional terms or conditions your mobile carrier may impose or the availability of it, please contact your mobile carrier. 

14. Online Purchases and Other Terms and Conditions.  

1. This Section 14 applies to all purchases through the Website or other transactions for the sale of goods (“Products”), formed through the Website or as a result of visits made by you. You may only purchase Products for the purposes set forth on the Website. Unless you are a wholesaler, Products made available for purchase on or through the Website are not for commercial or industrial use, including, without limitation, purchases of Products for business, hotel, institutional or other similar uses or purposes.
2. You agree that your order is an offer to buy, under these Terms of Service, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell Products. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between Pure Romance and you will not take place unless and until you have received your order confirmation email. It is unlikely you will be unable to cancel your order after receiving your order confirmation.
3. The price for Products available for purchase through the Website will be displayed to you on the Website. The prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
4. Pure Romance is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third-parties to process payments for transactions consummated through this Website (“Payment Processors”). By utilizing the Website to purchase Products, you authorize a Payment Processor to charge your credit card or other payment method. Our third-party Payment Processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. Transactions processed via the Website may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject to additional terms and conditions. You represent and warrant that (i) the credit card information you supply to such third party payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Pure Romance is not responsible for any errors by the Payment Processor. 
5. We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Products may only be shipped in accordance with our Shipping & Returns Policy, accessible at: https://pureromance.com/pages/shipping-returns. Title and risk of loss pass to you upon delivery of the Products (by us or our manufacturer) to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments. 
6. Occasionally and from time to time, Pure Romance may offer qualified consumers “discount codes,” “promo codes,” “coupon codes,” “gift codes” or “offer codes” through a range of advertisements, promotional programs and other communications efforts (collectively referred to herein as “offer codes”) that are redeemable towards purchase(s) on our Website. These offer codes are available only while supplies last and are subject to certain product, minimum price exclusions or any other restrictions as may be determined and communicated by Pure Romance in its sole discretion. Only valid offer codes provided or promoted by Pure Romance will be considered valid and honored at checkout. Codes supplied or promoted by third parties unauthorized by Pure Romance (including any unauthorized third-party websites) will not be honored and are not considered valid. Each offer code promoted by Pure Romance is non-transferable and valid for single use on an item (or items) as determined by Pure Romance. Offer codes may not be combined with any other offer codes or promotional activities, are valid only on full-priced products unless stated otherwise. They will not be honored on any items that are marked as “Closeout” or “Final Sale” unless stated otherwise, and may not be used in conjunction with any other promotional programs that may be issued through our retail partners. Customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘discount code’ field at checkout. Pure Romance does not accept responsibility for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions, “rain checks,” or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned which causes the order to no longer meet any restrictions of an offer code used in the transaction. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
7. Pure Romance’s return policy may be accessed at https://pureromance.com/pages/shipping-returns 
8. Subscriptions and Automatic Renewals. Some products are available for purchase as a subscription, whereby you will receive repeat deliveries. These subscriptions are based on the subscription duration and frequency that you select. Your payment details will be stored securely and you will be charged for each of these deliveries, unless you choose to pay in advance. Some subscriptions may auto-renew at the end of their duration. If you want to cancel or change your subscription, you can do so at any time. Your order confirmation emails have links to your order; you can manage your subscription from there. 
9. Limited Product Warranties. Each Product that is purchased directly from Pure Romance is covered by the Limited Product Warranties. The Limited Product Warranties may be found at https://pureromance.com/pages/shipping-returns and are incorporated herein by reference. To the extent there is a conflict between the terms of any Limited Product Warranty and these Terms of Service, the terms of the applicable Limited Product Warranty should govern.  

16. Third-Party Links. The Website may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites.  You assume sole responsibility for your use of third-party links.  We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.   

17. Warranty Disclaimer. YOU AGREE NOT TO RELY ON THE WEBSITE, ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, OR THE CONTINUATION OF THE WEBSITE. PURE ROMANCE DOES NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES PURE ROMANCE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ANY WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE.  SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. USER’S SOLE AND EXCLUSIVE REMEDY AGAINST US WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS FOR USER TO DISCONTINUE USER’S USE OF THE SERVICES. 

18. Limitation of Liability; Limitation on Claims. 

1. The Pure Romance Indemnified Parties are not liable, and you agree not to hold any Pure Romance Indemnified Party responsible, for any damages or losses arising out of or in connection with these Terms of Service and/or use of the Website, including, without limitation:
   1. your use of or your inability to use the Website or any portion thereof;
   2. delays or disruptions in the Website;
   3. viruses or other malicious software obtained by accessing, or linking to, the Website;
   4. glitches, bugs, errors, or inaccuracies of any kind in the Website;
   5. damage to your hardware device from the use of the Website;
   6. the content, actions, or inactions of third parties’ use of the Website;
   7. a suspension or other action taken with respect to your Account;
   8. your reliance on the quality, accuracy, or reliability of ratings, recommendations, and feedback (including their content, order, and display), User Content, or metrics found on, used on, or made available through the Website; and
   9. your need to modify practices, content, or behavior or your loss of or inability to use the Website, as a result of changes to these Terms of Service.
2. ADDITIONALLY, IN NO EVENT WILL ANY PURE ROMANCE INDEMNIFIED PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES. THE CUMULATIVE LIABILITY OF THE PURE ROMANCE INDEMNIFIED PARTIES TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE AND/OR THE WEBSITE WILL NOT EXCEED THE LESSER OF: (A) $20; OR (B) ANY AMOUNTS PAID TO PURE ROMANCE BY USER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE AND/OR THE WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, BUT DO APPLY TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
3. Any cause of action you may have arising out of or relating in any way to the Website or these Terms of Service must be commenced within one (1) year after the claim or cause of action arises. 

19. Indemnification. 

1. You will indemnify, defend, and hold harmless Pure Romance, its Operators,  and its Affiliates, and each of the respective subsidiaries, related entities and other affiliates of any of the foregoing, and each of their respective predecessors, successors and assigns, and each of their respective past, present or future, direct or indirect, officers, directors, governors, owners, members, managers, shareholders, partners, partnerships, principals, employees, volunteers, representatives, agents and trustees (each a “Pure Romance Indemnified Party” and collectively the “Pure Romance Indemnified Parties”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Website by you or your agents, including any payment obligations or default incurred through use of the Website; (b) failure to comply with these Terms of Service; (c) failure to comply with applicable law by you or your agents; (d) negligence, willful misconduct, or fraud by you or your agents; and (e) defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 19(a), your agents includes, without limitation, any person who has apparent authority to access or use your Account demonstrated by using your username and password.
2. “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other user against a Pure Romance Indemnified Party.
3. “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by a Pure Romance Indemnified Party against you or a third party or other user. 

20. Term and Termination. 

1. Term. The term of these Terms shall commence on the date on which you agree to be bound by these Terms (“Effective Date”) and shall continue until terminated as provided herein. Upon termination of these Terms for any reason, all rights granted to you shall immediately terminate, and you shall cease using the Website.
2. Termination. 
   1. Unless both you and Pure Romance expressly agree otherwise in writing, we may, in our sole discretion, at any time, without explanation, upon written notice to you, terminate these Terms of Service. Upon termination of these Terms of Service, your right to use the Website is automatically revoked, and your Account will be closed. 
   2. Without limiting the other rights or remedies available to us, we may, but are not obligated to, temporarily or indefinitely revoke or suspend your access to the Website, deny your registration, close your Account, or permanently revoke your access to the Website and refuse to provide any or all the Website to you if: (i) you breach the letter or spirit of any terms and conditions of these Terms of Service, as determined in our sole discretion; (ii) we suspect or become aware that you have provided false or misleading information to us or other users; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our users, or us; or (iv) your actions may be contrary to the interests of the Website, or the user community; or (v) your actions may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Website under the same Account or a different Account or re-register under a new Account without our prior written consent.
   3. Survival. After these Terms of Service terminate, the terms and conditions of these Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after these Terms of Service have terminated. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you from any obligations incurred prior to termination of these Terms of Service or that thereafter may accrue in respect of any act or omission prior to such termination. 

21. Dispute Resolution; Arbitration; Class Action Waiver 

1. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CLAIMS WITH PURE ROMANCE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. 
2. Any dispute, claim or controversy of any nature, including tort and statutory claims, among the parties in any way arising out of or relating to these Terms of Service, the Privacy Notice, data privacy, data security, and/or the Website (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration administered by the American Arbitration Association (“AAA”) by a sole arbitrator or in small claims court. If you are an individual, then the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for consumer Related Disputes then in effect will apply.  If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Rules then in effect. The AAA rules are available at www.adr.org. Notwithstanding the foregoing, in any conflict between the AAA’s rules and these Terms of Service, the Terms of Service will govern. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
3. For any Dispute, the place of Arbitration shall be in Cincinnati, Ohio.
4. The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.
5. WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”).  YOU AND PURE ROMANCE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
6. RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST PURE ROMANCE OR ANY PURE ROMANCE INDEMNIFIED PARTY, AND ANY OF THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN CINCINNATI, OHIO. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND PURE ROMANCE AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND ANY PURE ROMANCE INDEMNIFIED PARTY AND THEIR AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
7. THE VALIDITY, EFFECT, AND ENFORCEABILITY OF THE FOREGOING WAIVER OF CLASS ACTION LAWSUIT AND CLASS-WIDE ARBITRATION, IF CHALLENGED, ARE TO BE DETERMINED SOLELY AND EXCLUSIVELY BY THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO.
8. WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION 21 BE STRICKEN FROM THESE TERMS OF SERVICE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION 21 (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE AND FEDERAL COURTS LOCATED IN CINCINNATI, OHIO AND BE DECIDED BY A JUDGE, SITTING WITHOUT A JURY, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT. 

22. Miscellaneous. 

1. Waiver and Severability.
   1. No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
   2. In the event that any or any part of the Terms of Service contained in these Terms of Service shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such Terms of Service shall to that extent be severed from the remaining Terms of Service which shall continue to be valid and enforceable to the fullest extent permitted by the applicable law.
2. Entire Agreement. 
   1. These Terms of Service and any document incorporated into them by reference, including, without limitation, the Privacy Notice, constitute the sole and entire agreement between you and Pure Romance with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
   2. No modification or amendment to these Terms of Service will be binding upon us unless in a written instrument signed by a duly authorized representative of Pure Romance or posted on or through the Website by us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
3. Assignability. You may not assign these Terms of Service, or any of its rights or obligations hereunder, without the prior written consent of Pure Romance in the form of a written instrument signed by a duly authorized representative of Pure Romance. We may freely assign these Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, these Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
4. Force Majeure. We will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, epidemic, pandemic, national health emergencies, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations, or restrictions imposed by law, or any other similar conditions beyond the reasonable control of such party.
5. Consent to Electronic Records. In connection with these Terms of Service, you may be entitled to receive certain records from us or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.
6. Governing Law.  Your use of the Website and downloads from it, and the operation of these Terms of Service, shall be governed in accordance with the laws of the State of Ohio, without regard to conflict of law provisions other than those that would permit the application of Ohio law.  

23. Contact.  

1. Should you have questions or concerns about these Terms of Service or the Website, please contact us at customerservice@pureromance.com.
2. Under California Civil Code Section 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.