Graze Terms of Use

Last Updated: December 5, 2019

Please carefully read these Terms of Use (this “Agreement”). This Agreement has been prepared as a legally binding agreement between you and GOATdate LLC (“Graze”, “us”, “our”, or “we”).

This Agreement applies conditions to your use of any Graze-operated website or application that links to this Agreement (collectively, the “Service”). Please note that different or additional terms may apply to some services or features offered on this Service.

By accessing and using the Service, you agree to be bound by this Agreement. DO NOT ACCESS THE SERVICE OR USE THE SERVICE IN ANY WAY IF YOU DO NOT AGREE TO THIS AGREEMENT.

IMPORTANT NOTICE: YOUR USE OF THE SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 14, REQUIRING ALL CLAIMS TO BE RESOLVED VIA BINDING ARBITRATION. 

  1. Revisions to this Agreement
  2. User Eligibility

By using the Service, you represent and warrant that:

  • You are at least 18 years old;
  • You can form a binding contract with Graze;
  • You are single or separated from your spouse or partner;
  • You have not have been convicted of or pled no contest to a sex crime, a violent crime, or any felony (or crime of similar severity);
  • You are not required to register as a sex offender with any state, federal or local sex offender registry;
  • You are not barred from using the Service under U.S. law—specifically, you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not on any list of individuals prohibited from conducting business with the United States;
  • The information you provide the Service about yourself is accurate, complete, and kept up-to-date; and
  • You do not have more than one active account on the Service.

If at any time you cease to meet these requirements, you must stop using the Service and delete your account.

3. Graze Acceptable Use Policy

By using the Service, you agree that you will not:

  • Violate or fail to comply with our Community Rules;
  • Bully, harass, stalk, assault, or harm any person (whether online or offline);
4. Safety; Reporting; No Background Checks

Before using the Service, please review our Safety Tips.

As a technology provider, Graze makes available certain features to help our users safely connect with others (for example, we restrict video messaging to mutually matched users).In addition, if you experience any inappropriate behavior or misconduct, you may send us a report to contact@thegrazeapp.com. However, despite these measures, Graze cannot control and is not responsible for, your interactions with other users, whether on or off the Service.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE THAT Graze DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Graze MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

5. Service Ownership; Your License to Access this Service
6. User Submitted Content
7. Your Privacy; Protection of Your Account Credentials
8. Subscription and Purchase Terms

If you are a resident of New York:

You may pause your subscription for up to one (1) year by providing written notice to GOATdate LLC, 7190 W Sunset Blvd #45, Los Angeles, CA 90046. You may review the New York Dating Service Consumer Bill of Rights here.

If you are a resident of Illinois, New York, North Carolina, and Ohio:

Subject to the location of our user base, we make the Service widely available in the United States.However, if you believe that you have moved outside a location where we provide the Services, please contact us in writing at GOATdate LLC, 7190 W Sunset Blvd #45, Los Angeles, CA 90046.

If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Graze) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

To request a refund, please contact us at GOATdate LLC, 7190 W Sunset Blvd #45, Los Angeles, CA 90046.If you subscribed through your Apple ID or Google account, refunds are handled by Apple or Google, not Graze. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. To cancel a purchase made through Google Play, open the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Graze subscription and follow the instructions to cancel.

9. Electronic Communications
10. Third Party Websites
11. Disclaimer of Warranties EXCEPT AS WE OTHERWISE EXPRESSLY PROVIDE IN THIS AGREEMENT, THE SERVICE AND ALL RELATED SERVICES ARE PROVIDED “AS IS”. WE AND OUR THIRD-PARTY LICENSORS DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF: (i) YOUR USE OR THE RESULTS OF YOUR USE OF THE SERVICE; (ii) ANY ADVICE YOU GLEAN FROM THE SERVICE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY LICENSORS HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Service or any information supplied to you via the Service, or that files available through Service are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.WE DO NOT GUARANTEE ANY NUMBER OF “REFERRALS” OR MATCHES THROUGH THE SERVICE.
12. Limitation of Liability
13. Indemnification
14. Agreement to Arbitrate
15. Export Regulation
16. Additional Terms Applicable to iOS Devices
17. Miscellaneous Terms
18. Contact Us
1. Revisions to this Agreement

We may revise and update this Agreement from time to time, and will post the updated Agreement to the Service. Unless otherwise stated in the amended version of the Agreement, any changes to this Agreement will apply immediately upon posting. We are not obligated to provide you with notice of any changes.Your continued use of this Service will constitute your agreement to any new provisions within the revised Agreement.

2. User Eligibility

By using the Service, you represent and warrant that:

  • You are at least 18 years old;
  • You can form a binding contract with Graze;
  • You are single or separated from your spouse or partner;
  • You have not have been convicted of or pled no contest to a sex crime, a violent crime, or any felony (or crime of similar severity);
  • You are not required to register as a sex offender with any state, federal or local sex offender registry;
  • You are not barred from using the Service under U.S. law—specifically, you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not on any list of individuals prohibited from conducting business with the United States;
  • The information you provide the Service about yourself is accurate, complete, and kept up-to-date; and
  • You do not have more than one active account on the Service.

If at any time you cease to meet these requirements, you must stop using the Service and delete your account.

3. Graze Acceptable Use Policy

By using the Service, you agree that you will not:

  • Violate or fail to comply with our Community Rules;
  • Bully, harass, stalk, assault, or harm any person (whether online or offline);
  • Post any content that contains nudity or is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;
  • Access or attempt to access any other person’s account;
  • Use the Service for illegal or harmful purposes;
  • Introduce into the Service any virus, rogue program, time bomb, drop dead device, back door, trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Service, or to otherwise harm other users, Graze Content, or any third parties, or perform any such actions;
  • Solicit information from another user in furtherance of identity theft or another unlawful purpose;
  • Use the Service to commit fraud or conduct other unlawful activities;
  • Impersonate another person or otherwise misrepresent your identity, age, qualifications, or affiliations with a person or entity;
  • Delete, modify, or attempt to change or alter any of the Graze Content or notices on the Service;
  • Copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Service is based;
  • Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Service for any reason;
  • Use any Graze Content made available through the Service in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
  • Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Service;
  • Connect to or access any Graze computer system or network without authorization; or
  • Use the information in the Service to create or sell a similar service or to transmit “spam” or “junk” mail;
  • Use the Service for the purpose of soliciting, selling or offering services, merchandise, or products (including sexual services); and
  • Disclose private or proprietary information that you do not have the right to disclose.
4. Safety; Reporting; No Background Checks

Before using the Service, please review our Safety Tips

As a technology provider, Graze makes available certain features to help our users safely connect with others (for example, we restrict video messaging to mutually matched users).In addition, if you experience any inappropriate behavior or misconduct, you may send us a report to contact@thegrazeapp.com.However, despite these measures, Graze cannot control and is not responsible for, your interactions with other users, whether on or off the Service. 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE THAT Graze DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Graze MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.

5. Service Ownership; Your License to Access this Service
A. Ownership.All written content prepared and posted by Graze, and the Service design, layout, look, appearance, and graphics, as well as the trademarks, service marks, and logos contained on our Service (collectively, “Graze Content”) are owned by or licensed to Graze and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Graze reserves all rights not expressly granted in, and to, the Service and the Graze Content.
B. License.On the condition that you comply with all your obligations under this Agreement, Graze grants you a limited, revocable, non-exclusive, non-transferable license to access the Service. Any use of the Service in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Service. Except as otherwise provided in this Agreement, no part of the Service and no Graze Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Graze’s prior express written consent. Your access to this Service is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Service without notice.
C. Service Availability.There may be times when the Service is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Service will always be available or is completely free of human or technological errors. You must provide the equipment and Internet connections necessary to access the Service at your own expense. We do not guarantee that the Service will operate with your mobile device, internet service plans, or data plans.
D. Right to Suspend or Terminate Access.Graze may suspend or terminate, in whole or in part, your access to the Service and the related services if you violate this Agreement. Graze may also cancel any ongoing subscription or add-on without a refund.
6. User Submitted Content

When using the Service, you may upload, submit, or send content (e.g., profile information, photos, recorded video clips, live streaming video) (“Your Content”). This Section provides the terms and conditions governing Your Content.

A. License to Your Content. By submitting Your Content to the Service, you grant Graze a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content in all media now known or hereafter created without attribution. You hereby waive all moral rights to Your Content.You represent and warrant that you have the necessary rights to Your Content, including the right to grant a license to your rights in this Agreement. Please do not submit Your Content to the Service if do not wish to grant us the rights set forth in this Section.
B. Your Responsibility for Your Content. Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. Graze further reserves the right to monitor, delete or modify any of Your Content that it deems offensive, inappropriate, advertising, illegal, off-topic or otherwise violates this Agreement. 
C. Your Suggestions. We welcome your comments regarding the Service, Graze Content, and our products. In addition to the license you grant to us, above, for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials (collectively, “Suggestions”) to us in connection with or related to the Service and Graze’s products (including any related technology), whether you send such in Suggestions to us through the Service or through a separate communication channel, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license under any and all rights in and to the Suggestions to use, reproduce, distribute, create derivative works of, adapt, display, perform, and otherwise exploit, and to make, have made, sell, offer to sell, and import any products and services incorporating or based on, Suggestions in any manner. Please do not send us such information or materials, if you do not wish to grant us the rights set forth in this Section.
7. Your Privacy; Protection of Your Account Credentials

The Graze Privacy Policy describes how we collect and use personal information about you through the Service. You are responsible for protecting your account log-in credentials from unauthorized access and use. You must promptly notify Graze by e-mail at contact@thegrazeapp.com of any known or suspected unauthorized use of your account or the Service.

8. Subscription and Purchase Terms

The following terms apply when you purchase a subscription or add-on through the Service:

A. Payment Authorization. To the extent permissible by law, you are responsible for paying all amounts incurred for services requested—if any—in connection with your use of the Service or your purchase of any add-ons, including any taxes (“Charges”). You will pay all applicable Charges by means of the method of payment you have on file with Graze’s third-party payment processor or otherwise provided by you (the “Payment Method”). You may update the Payment Method at any time. You hereby authorize Graze to charge any and all amounts due to Graze to the Payment Method without further action required by you or further notice to you.
B. Pricing; Payment. All prices are shown in U.S. dollars and are subject to change. Graze reserves its right to expire or modify any promotion at any time.Taxes are additional. All prices and taxes are subject to change or adjustment without notice.  You are responsible for paying all costs associated with your purchase, and for providing accurate and current payment information.We will process your payment immediately upon our acceptance of your order.
C. Refunds. Charges paid by you are final and non-refundable, unless otherwise determined by Graze or required by applicable law (see State Law Exceptions, below).
D. Promotional Offers. Graze, in its sole discretion, may make promotional offers with different features and different rates (including allowing limited access to the Service for free). These promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Service or fees charged to you. Graze reserves its right to expire or modify any promotion at any time.
E. Automatically Renewing Subscription. If you purchase a subscription, your Payment Method will continue to be billed on an automatic, monthly basis. Until you cancel your subscription, your subscription will automatically continue for the next month at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Graze application from your device. You must cancel your subscription at least 24 hours prior to the end of the current subscription period to prevent your subscription from renewing for the next month.
F. Cancellation.You may cancel your subscription at any time by emailing a cancellation request to contact@thegrazeapp.com (and taking any steps requested to verify your identity as the subscriber) or following any instructions provided on the Service.Deleting your account on Graze or deleting the Graze application from your device does not cancel your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
G. State Law Exceptions.

If you are a resident of New York:

You may pause your subscription for up to one (1) year by providing written notice to GOATdate LLC, 7190 W Sunset Blvd #45, Los Angeles, CA 90046.You may review the New York Dating Service Consumer Bill of Rights here.

If you are a resident of Illinois, New York, North Carolina, and Ohio:

Subject to the location of our user base, we make the Service widely available in the United States.However, if you believe that you have moved outside a location where we provide the Services, please contact us in writing at GOATdate LLC, 7190 W Sunset Blvd #45, Los Angeles, CA 90046.

If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Graze) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

To request a refund, please contact us at GOATdate LLC, 7190 W Sunset Blvd #45, Los Angeles, CA 90046.If you subscribed through your Apple ID or Google account, refunds are handled by Apple or Google, not Graze. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com. To cancel a purchase made through Google Play, open the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Graze subscription and follow the instructions to cancel.

9. Electronic Communications

If you create an account with the Service and provide a mobile phone number, you agree that Graze may send you informational text (SMS) messages, including through the use of automated dialer technology, as part of the normal business operation of your use of the Service. You may not opt out of receiving certain text messages necessary for the operation of the Service (including verifying contact information); however, you may opt out of receiving other types of text messages from Graze at any time by texting the word STOP in reply to the text message received. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.

10. Third Party Websites

The Service may include or provide links to other websites on the Internet that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Service does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites.

11. Disclaimer of Warranties EXCEPT AS WE OTHERWISE EXPRESSLY PROVIDE IN THIS AGREEMENT, THE SERVICE AND ALL RELATED SERVICES ARE PROVIDED “AS IS”. WE AND OUR THIRD-PARTY LICENSORS DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF: (i) YOUR USE OR THE RESULTS OF YOUR USE OF THE SERVICE; (ii) ANY ADVICE YOU GLEAN FROM THE SERVICE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (iii) ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICE. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY LICENSORS HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Service or any information supplied to you via the Service, or that files available through Service are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.WE DO NOT GUARANTEE ANY NUMBER OF “REFERRALS” OR MATCHES THROUGH THE SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF PURCHASE OR ACCESS, AS APPLICABLE.

12. Limitation of Liability
A. Exclusion of Special Damages.NONE OF Graze, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, EMPLOYEES, ASSIGNEES, AND SUCCESSORS-IN-INTEREST (COLLECTIVELY, THE “Graze PARTIES”) WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DEMANDS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY INFORMATION OR PRODUCTS YOU OBTAIN FROM IT, OR ANY OTHER INTERACTION WITH THE SERVICE, AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF THE Graze PARTIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE WILL BE TO STOP USING THE SERVICE.
B. Graze’s Maximum Liability for Any Claim.IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF THE GOAT-DATE PARTIES, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR PURCHASE OF A PRODUCT THROUGH THE SERVICE, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF FIVE HUNDRED U.S. DOLLARS ($500.00 USD) OR THE AMOUNT THAT YOU HAVE SPENT ON PRODUCTS PURCHASED FROM THE SERVICE OVER THE PAST 12 MONTHS.
C. State Law Waiver.In entering into this release you expressly waive any protections (whether statutory or otherwise), includingSection 1542 of the California Civil Code if applicable, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
13. Indemnification

To the fullest extent permitted by applicable law, you agree to hold harmless, indemnify, and defend the Graze Parties from and against any and all claims (including liabilities, damages, losses, costs, expenses, and reasonable attorneys’ fees): (a) alleging injury, damage, or loss resulting from your use of the Service; (b) alleging that Your Content infringes a copyright, patent, or trademark, or misappropriates a trade secret of a third party; (c) relating to any act or omission by you which is a breach of your obligations under this Agreement or applicable law; or (d) otherwise relating to your use of the Service or products purchased from the Service.

You will have the right to defend and compromise such claim at your expense for the benefit of the Graze Parties; provided, however, you will not have the right to obligate the Graze Parties in any respect in connection with any such settlement without the written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend or if Graze elects to defend such claims itself, the Graze Parties may do so to protect their interests and you will reimburse all costs incurred by the Graze Parties in connection with such defense.

14. Agreement to Arbitrate
A. Choice of Law. The validity, construction, and effect of this Agreement will be governed by the laws of the U.S. State of California, without giving effect to that state’s conflict of laws rules.
B. Arbitration Procedure.All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement), our operation of the Service, or a purchase made through the Service shall be resolved by final and binding arbitration to be held in the English language in Los Angeles, California or another mutually agreed upon location pursuant to the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
C. Waiver of Class Actions; Jury Trials. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
D. Injunctive Relief.Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
15. Export Regulation

The Service may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the U.S.

16. Additional Terms Applicable to iOS Devices

The following terms only apply if you install, access, or use the Service on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).If you use the Service on an Apple-manufactured device, and if there is any conflict between the terms in this Section and other terms in this Agreement, the terms in this Section will control.

  • Acknowledgement. You acknowledge that this Agreement is concluded solely between the Parties, and not with Apple. Graze, not Apple, is solely responsible for the Service and the content thereof. You further acknowledge that the usage rules for the Service are subject to any additional restrictions set forth in the Usage Rules for the Apple Service Store Terms of Service as of the date you download the Service (the “Usage Rules”), and in the event of any conflict, the Usage Rules shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
  • Scope of License. The license granted to you is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control as permitted by the Usage Rules.
  • Maintenance and Support. You and Graze acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Service by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The Parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Graze. However, you understand and agree that in accordance with this Agreement, Graze has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
  • Product Claims. You and Graze acknowledge that as between Apple and Graze, Graze, not Apple, is responsible for addressing any claims you may have, as limited by this Agreement, or claims of any third party relating to the Service or your possession and/or use of the App, subject to Graze’s indemnification rights, including, but not limited to (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
  • Intellectual Property Rights. The Parties acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringe that third party’s intellectual property rights, Graze, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
  • Third-Party Beneficiary. The Parties acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
17. Miscellaneous Terms
A. Complete Agreement. This Agreement constitutes the entire agreement between you and Graze relating to your use of, and access to, this Service and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth herein. For avoidance of doubt, notwithstanding this Section, this Agreement does not modify, revise, or amend the terms of any other agreements you may have with Graze.
B. Severability.If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
C. No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.This Agreement shall not be modified by any course of performance or course of dealing.
D. No Assignments and Transfers. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.
E. No Third Party Beneficiaries. Subject to Sections 12, 13, and 16, nothing in this Agreement will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
F. Notices. You shall provide any notices to us under this Agreement by e-mail or mail using the contact information provided below. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Graze with up-to-date contact information, which you may do by updating your account information through the Service or by sending a message to us via the contact information provided below. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.
18. Contact Us

If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail contact@thegrazeapp.com.

You may also send us mail at the following address:

GOATdate LLC
7190 W Sunset Blvd #45
Los Angeles, CA 90046