Terms Of Service
Last modified: Aug 16, 2024

Acceptance of the Terms of Service

These terms of service are entered into between you and Charged Media, LLC (“Charged,” “we,” or “us”). The following terms and any documents they reference govern your access to and use of all Charged-operated websites, including any content, functionality, and services offered on or through those websites (the “Websites”), whether as a guest or a registered user. A list of our Websites is available at https://chargedhelp.com/sites.

Please read the terms of service carefully before you start to use any of our Websites. By using any of our Websites or by clicking to accept or agree to the terms of service when this option is made available to you, you accept and agree to be bound and abide by these terms of service. If you do not want to agree to these terms of service, you must not access or use our Websites.

The Websites are offered and available to users who are at least 18 years of age or older, who have reached the age of majority where they live, who live in jurisdictions that do not prohibit websites with adult-oriented material, and who do not otherwise find adult-oriented material offensive. By using any of our Websites, you state that (1) you are of legal age to form a binding contract with Charged, (2) you are of legal age in your jurisdiction to view adult content, and (3) do not otherwise find adult-oriented material offensive. If any of these statements is untrue, you must not access or use any of our Websites.

Changes to the Terms of Service

We may revise and update these terms of service on one or more occasions. All changes are effective immediately when we post them and apply to all access to and use of the Websites afterward, except that any changes to Dispute Resolution will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of any of our Websites after the posting of revised terms of service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Membership

Unless you purchase a nonrecurring membership (e.g., a one-time payment for a lifetime membership or a fixed-term membership), your membership will continue and automatically renew until terminated. To purchase a membership, you must provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated on one or more occasions and that may include payment through your account with a third party. If you purchase a recurring membership, you must cancel your membership before it renews to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see “Cancellation” below).

Trial Subscriptions

If you are offered a trial subscription, the terms of the trial will be disclosed at the time you sign up. You may incur an initial charge at the beginning of the trial period, and you will be charged the applicable subscription fee at the end of the trial period unless you cancel before the trial ends. To avoid being charged, you must cancel your trial subscription before the end of the trial period. Trial subscriptions are subject to the same cancellation terms as regular subscriptions (see “Cancellation” below).

Promotional Offers

We may on one or more occasions offer special promotional offers, plans, or memberships (“Offers”). Offer eligibility is determined by Charged at its sole discretion. We may revoke an Offer and put your account on hold if we determine you are not eligible based on criteria such as device ID, IP address, method of payment, or an account email address used with an existing or recent membership. The eligibility requirements and other limitations and conditions will be disclosed when you sign up for the Offer or in other communications made available to you.

Subscription Tiers and Access Rights

Subscription Tiers

Our services are available through various subscription tiers, each providing different levels of access to content on the applicable Website. The current subscription tiers are:

• Trial: This tier provides limited access to the applicable Website. This tier allows users to view and stream content. Downloading content is not available with this tier.
• Standard: This tier provides broader access than the trial tier but is more limited than the premium tier. This tier allows users to view and stream content. Downloading content is not available with this tier.
• Premium: This tier provides unlimited access. This tier allows users to view, stream, and download content for personal use only.

Changes to Subscription Tiers

We may modify the features of any subscription tier, including adding or removing content or functionality, at any time. We will notify you of any significant changes to your subscription tier.

Access to Content

Access to content is provided based on your active subscription status. If your subscription lapses or is canceled, your ability to view, stream, or download content will be terminated immediately.

Content Availability

The availability of content may vary depending on your subscription tier and may change without notice. We do not guarantee the availability of any specific content or feature.

Billing and Cancellation

Billing Cycle

The subscription fee for the service and any other charges you might incur in connection with your use of the service, including taxes and possible transaction fees, will be charged to your Payment Method at the beginning of each subscription period as indicated at the time of subscription. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned on payment. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your subscription plan, or if your paid subscription began on a day not contained in a given month. If your payment date changes, we will notify you in advance. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you are offered a trial subscription, you may incur an initial charge at the beginning of the trial period, and you will be charged the applicable subscription fee at the end of the trial period unless you cancel before the trial ends.

Payment Method

To use the service, you must provide a Payment Method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. We will notify you of any payment failure and give you an opportunity to update your Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

Updating your Payment Method

You can update your Payment Method by contacting the payment processor that you signed up through. The payment processor you signed up through will be indicated on your confirmation email receipt. Our payment processors may also update your Payment Method using information provided by the payment service providers. After any update, you authorize our payment processor to continue to charge the Payment Method.

Cancellation

You can cancel your membership at any time, and you will continue to have access to the service through the end of your billing period. To cancel, go to https://chargedhelp.com/cancel-membership/ and follow the instructions for cancellation. You may also contact our customer support at [email protected] for assistance with cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. Your account will close on the date indicated in your cancellation confirmation email. If your cancellation confirmation email does not say when your account will close, please email us at [email protected], and we will let you know.

Changes to the Price and Subscription Plans

We may change our subscription plans and the price of our service on one or more occasions. We will notify you at least 30 days before any price changes or changes to your subscription plan become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.

No Refunds

Except as required by law, payments are nonrefundable, and there are no refunds or credits for partially used subscription periods. After any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all our members (“credits”). The amount and form of those credits, and the decision to provide them, are at our sole discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Accessing the Websites and Account Security

We may withdraw or amend any of our Websites and any service or material we provide on any of our Websites without notice. We will not be liable if for any reason any part of the Website you are accessing is unavailable. On one or more occasions, we may restrict access to some parts of the Website you are accessing, or the entire Website, to users, including registered users. Access to certain content or features might require a paid subscription, and that access is granted solely for the duration of your active subscription.

You are responsible for both:

• Making all arrangements necessary for you to have access to the applicable Website.
• Ensuring that all persons who access the applicable Website through your internet connection are aware of these terms of service and comply with them.

To access any of our Websites or some of the resources they offer, you might be asked to provide certain registration details or other information. It is a condition of your use of any Website that all the information you provide on that Website is accurate. All information you provide to register with any Website or otherwise, including, but not limited to, through the use of any interactive features on the Websites, is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you, and you must not provide any other person with access to any Website or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also must ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these terms of service or engaged in fraudulent or illegal activities.

Intellectual Property Rights

The Websites 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 of it) are owned by Charged, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These terms of service allow you to use any of our Websites for your personal, noncommercial use only, subject to any applicable subscription terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may stream or download content in accordance with the terms of your subscription for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take those actions as are enabled by those social media features.

You must not:

• Modify copies of any materials from any of our Websites.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any of our Websites.
• Share downloaded content with others, upload it to any public or private servers, or make it available for download or streaming by others.
• Alter, edit, or create any derivative works from the content, including but not limited to creating compilations, mashups, or remixes.
• Attempt to bypass, remove, or disable any digital rights management (DRM) software or other security measures used to protect the content.

You must not access or use for any commercial purposes any part of our Websites or any services or materials available through our Websites.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of any Website in breach of the terms of service, your right to use that Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in any of the Websites or any content on the Websites is transferred to you, and Charged reserves all rights not granted. Any use of the Websites not permitted by these terms of service is a breach of these terms of service and might violate copyright, trademark, and other laws.

Trademarks

Charged name, the terms PIG BOTTOMS, BROTHER CRUSH, TWINK TRADE, BULLY HIM, DOCTOR TAPES, DICK RIDES, THERAPYDICK, VARSITY GRIP, BOTTOMGAMES, MISSIONARY BOYS, YES FATHER, LATINLECHE, DAD CREEP, STAYHOME BRO, SAY UNCLE, BOYS AT CAMP, BOYSDOPORN, MILITARY DICK, and TROOPSEX and all related names, logos, product and service names, designs, and slogans are trademarks of Charged or its affiliates or licensors. You must not use those marks without Charged’s prior written permission. All other names, logos, product and service names, designs, and slogans on any of our Websites are the trademarks of their respective owners.

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these terms of service. You must not use any of the Websites:

• In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set out in these terms of service.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or try to impersonate Charged, a Charged employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or that, as determined by us, might harm Charged or users of the Websites, or expose them to liability.

Additionally, you must not:

• Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real-time activities through the Websites.
• Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Websites or any services provided through, or concerning, the Websites for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Websites or any data, content, information, or services accessed through the Websites, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models that includes but is not limited to patterns, trends, and correlations.
• Use the Websites or any data published by, contained in, or accessible through, the Websites or any services provided through, or concerning, the Websites for the purposes of developing, training, fine-tuning, or validating any AI system or model or for any other purposes.
• Use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not authorized in these terms of service, without our prior written consent.
• Use any device, software, or routine that interferes with the Websites’ proper working.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the servers on which the Websites are stored, or any server, computer, or database connected to the Websites.
• Attack the Websites by a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise try to interfere with the Websites’ proper working.

User Contributions

The Websites may contain interactive features (the “Interactive Services”) that allow users to post, submit, publish, display, or transmit (“post”) content or materials (collectively, “User Contributions”) on or through the Websites.

All User Contributions must comply with the Content Standards set out in these terms of service.

Any User Contribution you post to the Website will be considered nonconfidential and nonproprietary. By providing any User Contribution on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any User Contribution for purposes of operating or promoting the Website.

You state that the following facts are accurate:

• You own or control all rights in those User Contributions 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.
• All your User Contributions do and will comply with these terms of service.

You are responsible for any User Contributions you submit or contribute, and you, not Charged, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any nonparty for the content or accuracy of any User Contributions you post.

Monitoring and Enforcement; Termination

We may:

• Remove or refuse to post any User Contributions for any reason.
• Take any action regarding any User Contribution that we consider necessary or appropriate, including if we believe that the User Contribution violates the terms of service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for Charged.
• Disclose your identity or other information about you to any nonparty who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, including posting illegal or unauthorized User Contribution. Charged will report any User Contribution that could be considered child sexual abuse material (CSAM) to the National Center for Missing and Exploited Children’s CyberTipline and any other legal and regulatory bodies.
• Terminate or suspend your access to all or part of any of our Websites for any reason, including without limitation, any violation of these terms of service.

If you encounter any content that you believe violates these terms of service or is otherwise inappropriate, please report it to us at https://chargedhelp.com/content-removal or by email at [email protected]. We will review and take appropriate action in accordance with our Complaints Policy.

Without limiting the preceding, we may 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 on or through the Websites. You hereby waive, and shall indemnify Charged and its affiliates, licensees, and service providers against, any claims resulting from any action taken by any of the preceding parties during, or taken because of, investigations by either those parties or law enforcement authorities.

However, we do not review material before it is posted on our Websites 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 nonparty. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described above.

Content Standards

These content standards apply to any User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all federal, state, local, and international laws and regulations. Without limiting the preceding, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Contain children, child sexual abuse material, age-play, incest, rape or non-consensual sex, hypnosis, intoxication, sexual assault, extreme violence, non-consensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine or water sports, scat or excrement-related material, enema play, vomiting, menstrual bleeding, or any other matter that is illegal.
• Contain unsolicited content or unsolicited language that sexually objectifies another person in a non-consensual way or contains fake or manipulated content concerning another person (including “deepfakes”).
• Promote, depict, or constitute “revenge porn” (being any sexually explicit material featuring any individual who has not given prior, express, and informed consent to that material (1) being taken, captured, or otherwise memorialized or (2) being posted and shared on the Websites).
• Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• 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 that otherwise might be in conflict with these terms of service and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act, including, but not limited to, prostitution, sex trafficking, or human trafficking.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contribution or any other material on our Websites violates your copyright, please see our DMCA Policy for instructions on sending us a notice of copyright infringement. It is the policy of Charged to terminate the user accounts of repeat infringers.

Private Label Cam Sites

General

Some of our Websites host or contain private-label cam sites, either directly or through subdomains. These cam sites are operated by third-party providers under license or agreement with Charged. While these sites may bear our branding or be integrated into our platforms, the content and activities on these cam sites are primarily managed by the respective third-party operators.

Content and Conduct

All content, including live streams, videos, images, and other media, posted or transmitted through the private label cam sites, is the sole responsibility of the cam site operators and the users generating the content. We do not directly control the content posted on these cam sites and, as such, are not liable for any content that might violate our standards or the law.

You must not:

• Engage in or promote illegal activities on the cam sites, including but not limited to the distribution of obscene material, exploitation of minors, or human trafficking.
• Harass, abuse, or infringe on the privacy or rights of other users, performers, or operators on the cam sites.
• Use the cam sites to distribute unsolicited promotional material, spam, or to conduct fraudulent activities.

Subdomain Management and Liability

If a private label cam site is hosted on a subdomain of any of our Websites, the operator of that cam site is responsible for ensuring compliance with all laws, regulations, and these terms of service. Charged will not be liable for any actions, omissions, or content provided by third-party operators on these subdomains.

The operator of the cam site is required to:

• Monitor all content and activities on the cam site to ensure they comply with these terms of service and all laws.
• Promptly address any user complaints or reports of misconduct on the cam site.
• Implement and maintain appropriate security measures to protect user data and prevent unauthorized access to the cam site.

Monitoring and Action

While Charged does not assume responsibility for the content or activities on private label cam sites, we reserve the right, but do not assume the obligation, to monitor such sites and take any action we deem necessary to comply with our legal obligations or to protect our rights and interests.

Dispute Handling

Any disputes arising from your interaction with private label cam sites are subject to the Dispute Resolution terms outlined in this agreement. However, Charged will not be a party to disputes solely between you and the third-party operators unless required by law.

Limitation of Liability

Charged is not responsible for the content, actions, or omissions of third-party operators of private label cam sites hosted on our platforms or subdomains. Your use of these cam sites is at your own risk, and you Charged will not be liable for any damages or losses resulting from your use of or interaction with these cam sites.

Reliance on Information Posted

The information presented on or through our Websites is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to our Websites, or by anyone who may be informed of any of their contents.

This Website includes content provided by nonparties, including materials provided by other users, bloggers, and nonparty licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Charged, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Charged’s opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any nonparties.

Changes to the Websites

We may update the content on our Websites on one or more occasions, but their content is not necessarily complete or up to date. Any of the material on any of our Websites might be out of date at any given time, and we are not required to update that material.

Information About You and Your Visits to our Websites

All information we collect on the Websites is subject to our Privacy Policy. By using any of our Websites, you hereby consent to all actions taken by us regarding your information in compliance with the Privacy Policy.

Other Terms and Conditions

Additional terms might apply to specific portions, services, or features of the Websites. All those additional terms are part of these terms of service.

Linking to the Websites and Social Media Features

You may link to our website homepage, on condition that 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 written consent.

Our Websites may provide certain social media features that enable you to:

• Link from your own or certain nonparty websites to certain content on our Websites.
• Send emails or other communications with certain content, or links to certain content, on our Websites.
• Cause limited portions of content on our Websites to be displayed or appear to be displayed on your own or certain nonparty websites.

You may use these features solely as they are provided by us, solely regarding the content they are displayed with, and otherwise in accordance with any additional terms we provide regarding those features. Subject to the preceding, you must not:

• Establish a link from any website that is not owned by you.
• Cause any of our Websites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of any of our Websites other than the homepage.
• Otherwise take any action regarding the materials on any of our Websites that is inconsistent with any other provision of these terms of service.

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 must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable any social media features and any links without notice.

Links from the Websites

If the Websites contain links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to any of our Websites, you do so entirely at your own risk and subject to the terms for those websites.

Geographic Restrictions

The owner of the Websites is based in the State of Florida in the United States. We provide our Websites for use only by persons located in the United States and in jurisdictions that do not prohibit adult websites. We make no claims that the Websites or any of their content is accessible or appropriate outside the United States. Access to the Websites might not be legal by certain persons or in certain countries. If you access any of our Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You shall indemnify Charged, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms of service or your use of any of our Websites, including, but not limited to, your User Contributions, any use of the Websites’ content, services, and products other than as expressly authorized in these terms of service, or your use of any information obtained from any of our Websites.

Dispute Resolution

Governing Law

Florida law governs all adversarial proceedings arising out of this agreement or the Websites

Equitable Remedies

Each party acknowledges that (1) breach by either party of that party’s obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, each party would want a court to grant the other party an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

Jurisdiction

If either party brings a proceeding regarding the enforceability or validity of the class action waiver or seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under the Equitable Remedies provision, that party may bring that proceeding only in the United States District Court for the Southern District of Florida or, only if there is no federal subject matter jurisdiction, in a state court of Florida sitting in Miami.

Each party hereby waives any claim that any proceeding brought in accordance with this provision has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Recovering Expenses

In an adversarial proceeding between the parties arising out of this agreement or any of our Websites, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

Time Limit to File Claims

Apart from proceedings arising from a claim for indemnification, neither party may initiate adversarial proceedings to resolve any dispute arising out of this agreement or any of our Websites more than one year after the date that dispute arose.

Waiver and Severability

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

If any provision of these terms of service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of the terms of service will continue in full effect.

Entire Agreement

These terms of service constitute the entire understanding between the parties regarding the Websites. You acknowledge that because you have not relied on, and will not be relying on, any statements made by Charged regarding the Websites, you will have no basis for bringing any claim for fraud in connection with any such statements.

Feedback

We encourage you to provide feedback about the Websites. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

Communication Preferences

We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example, via emails to your email address provided during registration. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Your Comments and Concerns

Our Websites are operated by Charged Media, LLC, 111 NE 1st Street, 2nd Floor, Miami, Florida 33132.

All notices of copyright infringement claims should be sent to the copyright agent designated in our DMCA Policy in the manner and by the means set out in it.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: https://chargedhelp.com/ or [email protected].

California residents may also send complaints to 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 (916) 445-1254 or (800) 952-5210.

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