Terms of Use

This is a legal agreement ("Agreement") between you and RealTime Connections Dating, Inc., an Ohio corporation ("RTC", "RTC Dating", “us”, “our”, or “we”), which may be contacted at 30628 Detroit Rd #260, Westlake, OH 44145 USA. This Agreement applies to the access and use of the RTC Dating website(s), rtcdating.com, including each website’s mobile and online versions (each, a “Website” or the “Websites”) and to the download and use of any of our applications including iOS and Android applications (the ”Applications”), and registration to or use of any of the services provided by us through the aforementioned platforms (collectively, with the Websites and Applications, each, a “Service” or the “Services”). ”). By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Agreement (including the Privacy Policy) for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services and which are incorporated into and form part of this Agreement.

The RTC Services consist of the following, without limitation: a Service for single people seeking long-term relationships, articles about and related to relationships, and any additional services currently offered or which will be offered in the future by or on behalf of RTC. RTC may offer new services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. RTC also reserves the right to cease offering any of the Services.

We reserve the right at any time to alter or amend the terms of this Agreement, modify our Websites' contents or features, or change any fees or charges for using our Websites and our Services. Whatever changes we make will go into effect from the date of revision without notice to you. Your use of our Websites after such changes will be deemed your acceptance of the changes. You may bookmark this page and check it frequently for any notice of amendments / changes to the earlier version of this Agreement.

THIS IS NOT A FREE SITE

Signing up for membership is free, which includes functions such as browsing members’ profiles and pictures (except Locked Photos, which require upgrading membership to PREMIUM) , receiving admirer mails and sending introduction mails to others whom you have just met. Correspondence with members via mail, phone, etc are paid for using credits which can be purchased on our Websites. For details of our cost of services, please click here.
 

1. Eligibility
   
   1.1 You must be at least eighteen years old when you register to become a member of our Websites. Your membership of at our Websites is void where prohibited.
   
   1.2 By using our Websites and our Services, you represent and warrant that you have the capacity to enter into this Agreement and to comply with all of its terms and conditions. If such representation turns out to be false, your membership will be terminated immediately without refund of any unused or used Website Credit / funds.
    
2. Registration
   
   2.1 Before you register to be a member of our Websites, you are deemed to understand how our Websites and our Services work. You may check for related details in our FAQs/Help pages.
   
   2.2 When you register to become a member, you agree to provide accurate and the most updated information about yourself as required. We reserve the right at any time to terminate your membership if you are found to provide inaccurate, outdated, incomplete or misleading information, as we may determine in our sole discretion.
   
   2.3 Access to our Websites requires completion of a simple registration process in order to obtain a Website Account and password necessary to become a member to enjoy our Services.
   
   2.4 You will select the Account that will be identified as your Website Account for your access to our Websites.
   
   2.5 We encourage you to tell us what your membership preferences are for your registration on the Website. Unless you choose to terminate your Website Account with us, you shall be subject to the Privacy Policy, personal information such as your name, profile information may be used by our Websites for providing goods and services to you.
   
   2.6 By becoming a member, you agree to accept and consent to receiving electronic communications initiated from our Websites, including without limitation: message notification emails, matches updates, emails informing you of promotions that either are provided by our Websites.
   
   2.7 Criminal History. By requesting to use, registering to use, and/or using our Services, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. RTC DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, RTC reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
   
    
3. Use of the Services
   
   3.1 Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that RTC is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
   
   3.2 Information Submitted. To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. You warrant and represent that all information provided to RTC through our Services or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how RTC may use information you provide or post which is personal to you are set out in our Privacy Policy.
   
   3.3 Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Singles Service. In addition, you agree to review and follow the recommendations set forth in RTC's Safety Tips, which is available at the bottom of all pages of the Singles Service.
   
   3.4 No Guarantees. RTC may not be able to provide matches for everyone seeking to use its services. Further, RTC makes no guarantees as to the number or frequency of matches through the Singles Service, or to such matches' ability, desire or criteria to communicate with any user. You understand that RTC makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.
   
   3.5 Content Removal. RTC reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. RTC will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third party. RTC further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Services.
   
   3.6. Unique and Bona Fide Profile. As a Registered User of our Services, you are permitted to create only one unique profile. In order to maintain the integrity of our Services, your use of the Services must be for bona fide relationship-seeking purposes (for example, as a Registered User you may not use this site to harvest data for a report for school or work). Not all registered users are available for matching. RTC reserves the right to create test profiles in order to monitor the operation of the Services.
   
    
4. Online / Offline Conduct
   
   As a member of our Websites, you understand and agree that:
   
   4.1 You may have only ONE membership account on our Websites at any point in time, which is for your sole private use. You may not authorize others to use your membership account, and you’re a membership account may not be used in connection with any commercial endeavors. Only natural persons may use our Websites. Other legal entities like organizations, companies, and/or businesses may not become members and should not use our Services for any purpose.
   
   4.2 You will only use our Websites and our Services in a manner consistent with all applicable laws and regulations. You will not transmit defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights when using our Websites and our Services.
   
   4.3 You will not make illegal and/or unauthorized uses of our Websites and our Services, including collecting usernames and/or email addresses of other members posted on our Websites by any means for the purpose of sending unsolicited emails and unauthorized framing of or linking to our Websites. Appropriate legal action will be taken on our side, including without limitation, civil, criminal and injunctive redress.
   
   4.4 We are not responsible for the conduct, whether online or offline, of any members using our Websites. Please use caution and common sense when using our Websites and the Services. Your interactions with other members posted on our Websites are entirely at your own risk in particular those set out in the Risk Disclosure Statements.
   
   4.5 In addition to all intellectual property rights as described by law, you may not post, distribute, or reproduce in any way any copyrighted materials, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
   
   4.6 We are entitled to review and delete any contents, messages, photos or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of our Websites, our Services and other members.
   
   4.7 Our service fees quoted on our Websites form part of this Agreement. We reserve the right to change the same at any time. If you are unhappy with any service fee changes you may terminate your membership.
   
   4.8 When using particular Services of our Websites, you shall be subject to any posted Policies or Procedural Rules applicable to such Services, which may be updated and modified from time to time. All such Policies or Procedural Rules are hereby incorporated by reference into this Agreement.
    
5. Privacy
   
   Use of our Websites and/or its Services is governed by our Privacy Policy which is subject to revision from time to time.
    
6. Proprietary Rights of Contents of our Websites
   
   6.1 We own and retain other proprietary rights of our Websites and our Services, including all intellectual property rights, as described by law. Our Websites contains member profiles, photos, copyrighted material, trademarks and other proprietary information of our operating or holding company or its licensors. Except for those information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
   
   6.2 Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact us. Notice of claims of copyright infringement should be provided to the following address: 30628 Detroit Rd #260, Westlake, OH 44145 USA.
   
   6.3 You will not "frame" or "mirror" any part of our Websites, without our prior written authorization. You also shall not use Meta tags or code or other devices containing any reference to our Websites or our Services in order to direct any person to any other web site for any purpose.


7. Disclaimers
   
   7.1 We cannot and do not warrant any specific outcome from using of our Websites and/or our Services. We make no warranties, guarantees or representations as to any advice, opinion, statement or other information displayed, uploaded or distributed through our Websites by us, our partners or any member or any other person or entity.
   
   7.2 We NEVER authorize any third­ party organization or individual, including without limitation, those service providers our Websites presently cooperates with and/or used to co­operate with, any local service provider staff, any member whose profile is posted on our Websites, to impose any charge our members for any reason in the name of our Websites. We do not rule out the possibility that besides using our Websites and our Services, some of our members might at the same time have relationship with certain service provider that our Websites presently cooperates with and/or used to co­operate with, and even pay for their service that is in no connection with our Websites. We claim no warranties for the quality of their service, and carry no responsibility for any loss or damage, including personal injury or death, resulting from your use of their service. And you are solely responsible for any transactions between you and that service provider, whether online or offline.
   
   7.3 Our Websites has built up a good reputation that is widely acknowledged by members seeking dating and romance. However, some other websites of the same kind may duplicate our business and service model by publishing false member profiles and/or providing fraudulent service to cheat sincere members looking for dating and romance. We accept no liability to you for any indirect, consequential, incidental, special or punitive damages, including loss of profits arising from your use of such fishing sites.
    
8. Limitation / Exclusion of Liability
   
   8.1 WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF THE MEMBERS POSTED ON OUR WEBSITES, WHETHER ONLINE OR OFFLINE. PLEASE USE CAUTION AND COMMON SENSE WHEN USING OUR WEBSITES AND OUR SERVICE. YOUR INTERACTIONS WITH MEMBERS WITH PROFILE POSTED ON OUR WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
   
   8.2 WE CLAIM IMMUNITY FROM LIABILITY TO THE FULLEST EXTENT UNDER THE LAW AND FOR CONTENTS AND SERVICES PROVIDED BY THIRD­PARTIES THAT OUR WEBSITES COOPERATES WITH, AND NOTHING IN THIS AGREEMENT IS INTENDED TO WAIVE, REMOVE, OR USURP SUCH IMMUNITY.
   
   8.3 IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF OUR WEBSITES. WE DO NOT HAVE ANY LIABILITY OF ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS (INCLUDING REASONABLE ATTORNEY'S FEES) OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM YOUR BREACH OF THIS AGREEMENT.
   
   8.4 WE ASSUME NO RESPONSIBILITY FOR THE PRIVACY PRACTICES OF ANY THIRD­PARTIES THAT WE COOPERATE WITH. WE DO NOT DETERMINE WHICH INFORMATION WILL BE COLLECTED BY THAT THIRD PARTY FOR PURPOSE UNRELATED TO SERVICE OF OUR WEBSITES.
   
   8.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RTC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF RTC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL RTC'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID RTC FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
   
   8.6 No Liability for non-RTC Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RTC BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
   
   8.7 Information Verification. RTC may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that RTC will have no liability to you arising from any incorrectly verified information.
   
    

9. Risk Disclosure Statements and Client Protection Policy
   
   As is with every objective you may pursue in life, there is always the associated risk(s), so are the endeavors you are about to take through our Services. We have taken and will take every practical measure to minimize the these risks associated with online or offline interactions with others, to include but not limited to dating. For details of the risks associated with our Services and the possible counter measures, please read our Risk Disclosure Statements. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when communicating and/or meeting individuals through our Services.

10. Legal Terms, Applicable Law and Jurisdiction
    
    You agree that any action at law or in equity arising out of or related to the Agreement shall be filed only in the Courts of the State of Ohio, Cuyahoga County, and that you hereby consent and submit to the exclusive jurisdiction of such courts, absolutely waive the procedural defense of "forum non­conveniens". No action arising under or related to the Agreement may be brought by either party more than one year after the cause of action has occurred. This Agreement is governed and to be interpreted exclusively by the laws of the State of Ohio, Cuyahoga County.
    
     
11. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
    
    11.1. Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement") facilitates the prompt and efficient resolution of any Disputes that may arise between you and RTC. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
    
    Please read this Arbitration Agreement carefully. It provides that all Disputes between you and RTC shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
    
    For the purpose of this Arbitration Agreement, "RTC" means RealTime Connections Dating, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and RTC regarding any aspect of your relationship with RTC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
    
    YOU AND RTC EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
    
    11.2. Pre-Arbitration Dispute Resolution: For all Disputes you must first give RTC an opportunity to resolve the Dispute. You must commence this process by mailing written notification to P.O. Box 241810, Los Angeles, CA 90024 USA. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If RTC does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
    
    11.3. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or RTC may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
    
    For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
    
    Because your contract with RTC, the Agreement, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
    
    11.4. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
    
    11.5. Location of Arbitration: You may initiate arbitration in Los Angeles, CA, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
    
    11.6. Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), RTC will pay all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with RTC as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from RTC your actual and reasonable attorney's fees and costs as determined by the arbitrator.
    
    11.7. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and RTC specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of RTC and/or user of RTC services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
    
    11.8. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and RTC are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and RTC might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.
    
    11.9. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
    
    11.10. Continuation: This Arbitration Agreement shall survive the termination of your contract with RTC and your use of our Services.
    
     
12. Indemnification
    
    12.1 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless RTC and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services,
    
    12.2 Any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by RTC. RTC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RTC in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent. b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”