Last Updated: March 26, 2024
These Terms of Service (this “Agreement”) is between you and Coffee Meets Bagel, Inc. (“Coffee Meets Bagel” “we,” “us,” or “our”). By using our website, located at http://www.coffeemeetsbagel.com (“Website”), our mobile application available on Android and iOS devices (each, our “App”), and/or other services we provide (collectively, the “Services”) you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the Services. Your use of, or participation in, certain Services may be subject to additional terms which will be presented to you when you access those Services.
1. Some initial things we want to make clear.
While all of these will be discussed in more detail below, we want to make a few important things clear up front:
You must be at least 18 to use the Services.
WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON CMB USERS:
We do not routinely verify the identity of our Users. But we may verify the User identity as part of our fraud detection and prevention process. Methods to verify identity include, but are not limited to, self photographs (“selfies)”with identifying characteristics, and government or military identification cards.
We do not guarantee anything about the Services, including the actions of our Users
You may only create an Account for your actual self and must be truthful in what you put in it.
We do not guarantee matches, the frequency of your matches, that you will be compatible with those you match with, or that the people you match with are safe people to meet. You must exercise your own diligence and caution in using the Services and communicating with its Users.
Our matching algorithm is a complex and dynamic piece of engineering that considers a myriad of variables to curate your bagels each day. It is always learning more about you and your type. It takes into consideration your specific preferences, who you like or pass on, who is available in your area, and also whether you are someone else’s type.
You have a right in some states to cancel this Agreement within 72 hours of purchasing a subscription and receive a refund of any payments if you do so. Please see Section 20 for more details.
Lastly, by using the Services, you are agreeing (with limited exception) to resolve any dispute between you and us through binding, individual arbitration, rather than in court. Please review Section 19 below for details, including the procedure for opting out of arbitration.
2. Eligibility
3. Use of the Service
4. Changes to Agreement or Services
We may update this Agreement at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Agreement on the Site and App or through other communications. It’s important that you review the Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you don’t agree to be bound by the updated Agreement, then, except as otherwise provided in Section 19(f)“Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. General Prohibitions
You agree not to do any of the following:
Post, upload, or transmit any User Content that (i) is threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, false, misleading, deceptive, invasive, racist, or contains any type of offensively suggestive, inappropriate, or explicit language or confidential, non-public information about any third party; (ii) is threatening, vulgar, offensive, or pornographic; promotes or threatens violence or actions that are threatening to any person or entity; or contains nudity or graphic or gratuitous violence; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (v) infringes, misappropriates, or violates a third party’s trademark, patent, trade secret, copyright, moral rights or other proprietary rights, or rights of publicity or privacy; (vi) contains any type of unauthorized or unsolicited advertising or commercial communications (such as spam or multi-level marketing); (vii) impersonates any person or entity, including any Coffee Meets Bagel employees or representatives; or (vii) promotes illegal or harmful activities or substances;
Collect User Content, personally-identifiable information or any other information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, scrapers, or other means);
Advertise any product or service, including any engagement in multi-level marketing or “pyramid schemes” on the Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by this Agreement;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Attempt in any way to obtain the login information of or otherwise access an Account belonging to someone else;
Bully, intimidate, or harass any User;
Use, display, mirror or frame the Services or any individual element within the Services, our name, any Coffee Meets Bagel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
Impersonate or misrepresent your affiliation with any person or entity;
Engage in any activity or use any program that could disable, overburden, or impair the proper working or our set appearance of the Services, such as a denial of service attack, interference with page rendering, or using a program that interferes with other Services functionality;
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our Users or any other person.
6. Content Ownership
Your license to us of User Content. By submitting any User Content, you (i) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such User Content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other Users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form). You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Deleting your User Content. You may delete your User Content via the functionality of the Services. However, you understand that removed User Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Our ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, We and our licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Our license to you. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
7. Feedback
8. One-Time Payments and Subscriptions
Coffee Meets Bagel may offer from time to time certain premium services for a fee. You have the option of making a one-time payment (“One-Time Payment”) or purchasing a subscription (“Subscription”) for such premium services. By way of example, some of these premium services may include message read receipts, additional matches in a day, or profile picture appraisals.
General. Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may be the applicable App Store (defined below)) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Subscriptions. If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter (the period of which is communicated to you at the time of your Subscription), at the then-current Subscription Fee. If you purchase a Subscription, unless you cancel your subscription before the end of your current Subscription period, your subscription will automatically renew, and we (or our third-party payment processor) will automatically charge you each period on the commencement of each renewed Subscription period, using the Payment Information you have provided. Your subscription will continue to automatically renew until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you. Your Subscription continues until canceled by you
For subscribers residing in the EU, EEA, UK, and Switzerland: In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts. Please also note that you will need to work with your subscription payment provider (i.e.: the Apple App Store and Google Play Store) to cancel the subscription. If you are a subscriber in the EU, EEA, UK and Switzerland and you subscribed using your Apple ID, you are eligible for a full refund and your refund requests will be handled by Apple, not Coffee Meets Bagel. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. If you did not subscribe using your Apple ID, please follow the direction provided in Section 20 to request a refund.
Coffee Meets Bagel maintains the authority to examine and/or end your account without reimbursing any transactions if you breach this Agreement, improperly use the Service, or conduct yourself in a manner deemed unacceptable or illegal by Coffee Meets Bagel. This includes actions or communications happening both within and outside the Service. Should you infringe these regulations or our Community Guidelines, your permission to access the Service will be immediately withdrawn. In such cases, you must liaise with your subscription payment provider (such as the Apple App Store or Google Play Store) to discontinue the subscription as Coffee Meets Bagel cannot terminate any subscriptions you may have (including to our own services) made through the respective subscription provider.
Canceling One-Time Payment or Subscription. Except as explicitly set forth in Section 20 below, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF ANY ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY SUBSCRIPTION FEE PAID FOR ANY SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the App Store or the App. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then current subscription period and will then terminate without further charges.
9. Rights and Terms for Apps
Rights in App Granted by Coffee Meets Bagel. Subject to your compliance with this Agreement, Coffee Meets Bagel grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Coffee Meets Bagel reserves all rights in and to the App not expressly granted to you under this Agreement.
Accessing the App from App Store. Certain App Providers require us to pass one certain terms to you. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
This Agreement is concluded between you and Coffee Meets Bagel, and not with the App Provider, and Coffee Meets Bagel (not the App Provider), is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Coffee Meets Bagel.
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Coffee Meets Bagel will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as related to your license to the App, and that, upon your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third-party beneficiary thereof.
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.
You must also comply with all applicable third party terms of service when using the App.
10. 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. We are not responsible for the conduct of our Users or their compatibility in any capacity with you or other Users. You agree to take all necessary and appropriate precautions when sharing your personal information, communicating with other Users, and meeting other Users in person. You understand that we do not (except as described in this Agreement) conduct background checks, or verify the identity, profile pictures, or any other User Content. You are under no obligation to use the Services, continue to communicate with any User, or to match with or meet anyone from the Services.
11. No Guarantees
You understand that Coffee Meets Bagel does not guarantee you any matches, does not guarantee any number or frequency of matches, or the accuracy, availability, or other attributes of any User. You understand that Coffee Meets Bagel makes no guarantees about the Services, either explicit or implied, including your compatibility with any other User.
12. Reporting of Violations; General Contact Info.
13. Third Party Links
The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
14. Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
15. Limitation of Liability
16. Indemnification
You will indemnify and hold harmless Coffee Meets Bagel and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of this Agreement.
17. Termination
18. Governing Law and Forum Choice
This Agreement and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19“Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Coffee Meets Bagel are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Coffee Meets Bagel each waive any objection to jurisdiction and venue in such courts.
19. Dispute Resolution
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or your relationship with Coffee Meets Bagel, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding (the “Arbitration Agreement”). You and Coffee Meets Bagel agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement, and that you and Coffee Meets Bagel are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Arbitration Agreement.
(b) Exceptions and Opt-out. As limited exceptions to Section 19(a) above: (i) you or Coffee Meets Bagel may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court for the alleged unlawful use, infringement, or misappropriation of our intellectual property rights, including copyrights, trademarks, trade names, logos, trade secrets, or patents.
In addition, you will retain the right to opt out of arbitration entirely if you provide us with written notice of your desire to do so by reaching out to the Coffee Meets Bagel Customer Experience team using the “I have a data, legal or privacy request” support form located at https://coffeemeetsbagel.zendesk.com/hc/en-us/requests/new, where you must provide your email address or phone number associated with your Coffee Meets Bagel account and an unequivocal statement that you decline this Arbitration Agreement. Your notice must be sent within thirty (30) days following the date you first agree to this Arbitration Agreement or within thirty (30) days of creating a Coffee Meets Bagel account. Your opt-out notice must be individualized, submitted by you, and must include the phone number or email address associated with your individual Coffee Meets Bagel account. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. No individual may effectuate an opt out on behalf of other individuals.
(c) Pre-Demand Notice. You and Coffee Meets Bagel agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises (“Pre-Demand Notice”). The Pre-Demand Notice to Coffee Meets Bagel shall be sent to: Coffee Meets Bagel, Attn: Legal, 2108 North Street, Suite N, Sacrament, California, 95816. A Pre-Demand Notice is only valid when it (i) pertains to, is on behalf of, and is signed by a single individual, and (ii) includes the name of the claiming party, your or Coffee Meets Bagel’s mailing address, the email address or phone number associated with your Coffee Meets Bagel account, and a detailed description of the dispute and relief sought. A Pre-Demand Notice brought on behalf of multiple individuals is invalid as to all.
You and Coffee Meets Bagel further agree: to attempt informal resolution prior to any demand for arbitration, including to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute, with counsel present, if either party is represented; that participation in an informal dispute resolution conference is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with the informal dispute resolution procedures; that arbitration may only be filed if the dispute is not resolved informally within sixty (60) calendar days of when either you or Coffee Meets Bagel submits a Pre-Demand Notice; and that the state or federal courts of California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
(d) Conducting Arbitration and Arbitration Rules. If you and Coffee Meets Bagel are unable to resolve the Dispute within 60 days, either party may proceed to file a claim for arbitration. The arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of ADR Services, Inc., available at https://www.adrservices.com/services-2/arbitration-rules/. If ADR Services is not available to arbitrate, the parties shall use National Arbitration and Mediation (“NAM”) as an arbitration provider, under its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2023/08/Mass-Filing-Supplemental-Rules-updated-as-of-8.24.23.pdf. If NAM is not available, the parties will select an alternative arbitration provider.
To begin the arbitration process, you or Coffee Meets Bagel must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name and signature of the claiming party (you or Coffee Meets Bagel), your or Coffee Meets Bagel’s mailing address, the email address or phone number associated with your Coffee Meets Bagel account (if applicable), and a detailed description of the dispute and the relief sought. Notice to Coffee Meets Bagel must be submitted to our registered agent: ATTN: Legal, 2108 North Street, Suite N, Sacrament, California, 95816.
(e) Class Action Waiver. Whether the dispute is heard in arbitration or in court, you and Coffee Meets Bagel will not commence, except as specified below, against the other a class action, class arbitration, or other representative action or proceeding. YOU AND COFFEE MEETS BAGEL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Coffee Meets Bagel agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and shall be pursued in the state or federal courts of competent jurisdiction as specified herein. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. This subsection does not prevent you or Coffee Meets Bagel from participating in a class-wide settlement of claims. This section shall not preclude the use of bellwether arbitrations or global mediation as described in below, nor does it preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.
(f) Bellwether Arbitrations. To increase the efficiency of administration and resolution of arbitrations, you and Coffee Meets Bagel agree that if there are thirty (30) or more individual arbitration demands of a substantially similar nature brought against either party by or with the assistance of the same law firm, group of law firms, or organizations within a one hundred and eighty (180) day period (“Mass Filing”), the parties shall select ten (10) individual arbitration demands (five (5) per side) for arbitration to proceed (“Bellwether Arbitrations”). Only those ten (10) arbitration demands shall be filed with the arbitration provider, and the parties shall hold in abeyance, and not file, the non-Bellwether Arbitrations. The statutes of limitation shall remain tolled when non-Bellwether arbitration demands are held in abeyance. While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration shall be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance.
All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (i) whether the Bellwether Arbitration process is applicable or enforceable, (ii) whether particular demand(s) are part of a Mass Filing, and (iii) whether demands within a Mass Filing were filed in accordance with this Agreement. In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.
The parties shall work in good faith with the arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings, including the claims of individuals who are not selected for a Bellwether Arbitration.
(g) Global Mediation. Following resolution of the Bellwether Arbitrations, the parties agree to engage in a global mediation of all remaining arbitration demands comprising the Mass Filing (“Global Mediation”). The Global Mediation shall be administered by the arbitration provider administering the Bellwether Arbitrations. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within thirty (30) calendar days following the mediation, the remaining demands for arbitration comprising the Mass Filing shall be filed and administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules, unless the parties mutually agree otherwise in writing. Any party may request that the arbitration provider appoint an Administrative Arbitrator to determine threshold questions regarding the newly filed demands.
The parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration process, including the payment of filing and administrative costs for the Bellwether Arbitrations, deferring any filing costs associated with the non-Bellwether Arbitration Mass Filings until the Bellwether Arbitrations and subsequent Global Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Bellwether Arbitration provision shall in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The statutes of limitation applicable to each arbitration demand within a Mass Filing shall remain tolled from the time a party makes a Pre-Arbitration Demand to the time when that party files the arbitration demand with the arbitration provider.
(h) Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for the arbitration hearing, you or Coffee Meets Bagel may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded).
The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
(i) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 4 “Changes to Agreement or Services” above, if Coffee Meets Bagel changes any of the terms of this Section 19 “Dispute Resolution” after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice, or by reaching out to the Coffee Meets Bagel Customer Experience team using the “I have a data, legal or privacy request” support form located at https://coffeemeetsbagel.zendesk.com/hc/en-us/requests/new within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Coffee Meets Bagel’s email to you notifying you of such change. In submitting the form, you must provide the phone number or email address associated with your individual Coffee Meets Bagel account and an unequivocal statement that you opt out of the changes to this Arbitration Agreement. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. No individual may effectuate an opt out on behalf of other individuals. By rejecting any change to this Arbitration Agreement, you are agreeing that you will arbitrate any Dispute between you and Coffee Meets Bagel in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
(j) Severability. With the exception of any of the provisions in Section 19(e) of this Agreement (“Class Action Waiver”), if any part of this Agreement is found to be invalid or unenforceable, then that provision will be severed; however, the other parts of this Agreement will still apply and shall be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision. If a court decides that any of the provisions in the Arbitration Agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.
(k) DEPENDING ON THE NATURE OF YOUR CLAIM AND APPLICABLE LAW, THE ARBITRATION PROVISION AND JOINT-ACTION WAIVER DESCRIBED HERE MAY NOT APPLY TO YOU.
20. State-Specific Terms
If you live in certain states, you may cancel this agreement within 72 hours of purchasing a subscription.The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin: You, the buyer, may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays.
If you reside in one of the states above and you subscribed using your Apple ID, you are eligible for a full refund and your refund requests will be handled by Apple, not Coffee Meets Bagel. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select “Report a Problem.” You can also request a refund at https://getsupport.apple.com. If you did not subscribe using your Apple ID,, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to:
Coffee Meets Bagel
Attn: Cancellations
PO Box 470490, San Francisco, CA 94147
(in addition, California and Ohio users may email us at contact@coffeemeetsbagel.com).
Please include your Coffee Meets Bagel email address in any correspondence or your refund may be delayed. If you cancel, Coffee Meets Bagel will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.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) 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 at the same address as listed above.California UsersCalifornia Civil Code Section 1789.3 requires us to provide you with the following information: You may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
21. General Terms
Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between Coffee Meets Bagel and you regarding the Services and Content, and this Agreement supersede and replace any and all prior oral or written understandings or agreements between Coffee Meets Bagel and you regarding the Services and Content. If any provision of this Agreement is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement, by operation of law or otherwise, without Coffee Meets Bagel’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. Coffee Meets Bagel may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Any notices or other communications provided by Coffee Meets Bagel under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Coffee Meets Bagel’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Coffee Meets Bagel. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above.
Last Updated: October 12, 2023
Coffee Meets Bagel, Inc. (“Coffee Meets Bagel”) respects the intellectual property rights of others and expects its users to do the same.
It is Coffee Meets Bagel’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Coffee Meets Bagel will respond expeditiously to claims of copyright infringement committed using the Coffee Meets Bagel website (the “Site”) that are reported to Coffee Meets Bagel’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Coffee Meets Bagel’s Designated Copyright Agent. Upon receipt of the Notice as described below, Coffee Meets Bagel will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Copyright Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”“
I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Coffee Meets Bagel’s Designated Copyright Agent:
Copyright Agent
c/o Coffee Meets Bagel, Inc.
PO Box 470490, San Francisco, CA 94147
operations@coffeemeetsbagel.com
(415) 439-3770
Last Updated: May 26, 2024
VeraSafe has been appointed as Coffee Meets Bagel, Inc's EU Digital Services Act (DSA) legal representative in the European Union, pursuant to Article 13 of the DSA. The European Union Member States’ competent authorities, the European Commission, and the European Board for Digital Services may contact VeraSafe in addition to or instead of our Operations Team, on issues necessary for the receipt of, compliance with, and enforcement of decisions issued in relation to the DSA.
To make such an inquiry, please contact VeraSafe using this contact form:
https://verasafe.com/public-resources/contact-dsa-legal-representative/
or via telephone at: +420 228 881 031.
Alternatively, VeraSafe can be contacted at:
VeraSafe Ireland Ltd.
Unit 3D North Point House
North Point Business Park
New Mallow Road
Cork T23AT2P
Ireland