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The online personals service (“Personals” or “Personals Service(s)”) that you are now accessing is powered, hosted and maintained by Spring Street Personals (“SSP” or “Spring Street Personals”, currently located at http://www.springstreetnetworks.com) and made available through websites owned by SSP (“SSP Site(s)”), Nerve.com (an SSP affiliate), or through a network of online areas developed, hosted and maintained by SSP (each a “Partner Personals Area” and, collectively, the “Partner Personals Areas”), each of which is linked from websites owned or maintained by various SSP third party affiliates (each a “Partner” and, collectively, the “Partners”) (for purposes of these Terms of Service, the term “Partner(s)”shall include Nerve.com)(a list of Partners, which is subject to change at any time, is currently accessible through this link – or simply point your browser to: http://www.springstreetnetworks.com/partners_corp/).
The following Terms of Service (“TOS”) govern your use of the Personals Services, the SSP Sites, and each past, present or future Partner Personals Area.
1. Acceptance of Terms of Service
By completing the registration process and clicking on the "join" button, you agree to be bound by these TOS in your access to and us of the Personals Services, the SSP Sites and the Partner Personals Areas.
2. Privacy/Registration Information
Spring Street Personals and the Partners respect the privacy of visitors that access the SSP Sites or any Partner Personals Area. Please take a moment to review the Privacy Policy governing the Personals Services, the SSP Sites and the Partner Personals Areas. Click here to review the SSP Privacy Policy.
The SSP Sites and the Partner Personals Areas are intended for adult use only. Anyone under the age of 18 is not permitted to register to use the Personals Service on any SSP Site or any Partner Personals Area. Spring Street Personals and each Partner reserves the right to deny access to the SSP Sites and/or any Partner Personals Area, or any service provided through such sites or areas, to anyone who violates these TOS or who, in SSP’s or a Partner’s reasonable judgment, interferes with the ability of others to enjoy the Personals Services, or infringes on the rights of others. While not limiting the foregoing, you acknowledge and agree that your account used to access any Personals Services may be terminated by SSP and/or any Partner if they learn, at any time, that you have provided SSP or any Partner false or misleading information during the process of registering (or re-registering) with any SSP Site or a Partner Personals Area.
3. Modifications to these Terms of Service
Spring Street Personals and its Partners may modify these Terms of Service from time to time in their sole discretion. You will be provided reasonable notice of any material changes to these TOS; your continued use of the Personals Services, any SSP Site or any Partner Personals Area constitutes your acceptance of any changes to these Terms of Service.
4. Modifications to the Personals Services, the SSP Sites or the Partner Personals Areas
Spring Street Personals and its Partners may, in their sole discretion, add, delete, modify or amend features and/or services contained within the Personals Services, any SSP Site, or any Partner Personals Area.
5. Joining Spring Street Personals via a Partner Personals Area
If you register to use the Personals Services through a Partner Personals Area, other than through Nerve.com, and SSP’s relationship with the Partner associated with that given Partner Personals Area is severed for any reason, in most instances you will not forfeit your membership rights to use the Personals Services, nor lose the any personal profiles you created or any credits you might have maintained that were associated with your account. Instead, SSP will, in most cases, automatically convert your then-current membership into a fastcupid.com membership (a Spring Street Personals wholly-owned site), which will enable you to access your account information and utilize any existing credits you might maintain through Nerve.com or any Partner Personals Areas that continue to affiliate with SSP.
If a Partner’s relationship with Spring Street Personals is terminated for any reason, Spring Street Personals will endeavor to ensure that your account, personals profiles and purchased credits will continue to be available to you through an alternate interface.
By registering and clicking on the "join" button for Personals Services, you authorize SSP to take the steps identified in this Section 5, including without limitation, converting your membership (and providing your registration information) to an online personal services maintained by a particular Partner in the event SSP's relationship with the Partner associated with that given Partner Personals Area is severed for any reason.
6. Content Produced by Registered Members (Your License to Us and Our License to You)
You alone are responsible for any materials you post or make available on or through the SSP Sites or any Partner Personals Areas, including but not limited to message board posts, chat participation, homepages, personal profiles and member profiles. Additionally, you alone are responsible for the consequences of any content you post or otherwise make available on or through the SSP Sites or any Partner Personals Areas. By submitting or otherwise making available materials on or through the SSP Sites or any Partner Personals Areas, you are representing that you are the owner of such materials, or are submitting the materials with the express consent of the owner.
Any images uploaded to your personal profiles must be recent photographs of yourself. Images of pets, children alone (even if it is of yourself) or copyrighted images such as cartoons and celebrities will be removed.
By submitting or otherwise making available materials to public areas of any SSP Site or any Partner Personals Area, you agree that SSP and each Partner (including their respective agents, affiliates, licensors and service providers (collectively, “Third Party Providers”) will at all times maintain a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute or make available any portion or portions of such materials as they see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these Terms of Service. While not limiting the rights under foregoing sentence, SSP and the Partners each reserve the right to excerpt, store, use or distribute, in whole or in part, any content, text, or images contained in your personal profiles or posted by you on any public areas maintained within the SSP Sites and/or the Partner Personals Areas, along with your screen name or any Personals nickname you select, and feature them in ads, supplements and content pages in any print publications owned, controlled or otherwise maintained by SSP or any Partner. NOTWITHSTANDING THE FORGOING RIGHTS, WHEN YOU CREATE A PERSONAL PROFILE, YOU ARE GIVEN THE OPPORTUNITY TO OPT OUT OF HAVING YOUR PHOTO PUBLISHED IN PRINT PUBLICATIONS MAINTAINED BY THE PARTNERS. By creating a personal profile with the "Yes, I want my profile to be featured in print." box checked, you grant each Partner the additional right to publish your Personals photo in any print publications owned, controlled, maintained or otherwise affiliated with such Partner(s). If you do not want SSP or the Partners to publish your photo in their respective print publications, you must uncheck the box before previewing, saving or submitting a personal profile. You can always uncheck this box at a later date. Please note, however, that if you uncheck the box after initially previewing, saving or otherwise submitting your personal profile with the permissions box checked, then SSP and the Partners will use reasonable efforts to effectuate such change on a going-forward basis, but any such change will not be effective against removing your photo from future print publications maintained by the Partners for AT LEAST 8 to 15 weeks, due to print publication lead times. You should also be aware that any such change will not be effective in removing your photo from print publication materials that are in the process of being published, are in the process of being circulated, or are already in circulation.
You also agree that SSP, the Partners and the Third Party Providers may identify you as the author of any of your postings by name, email address or screen name as each deems appropriate.
You acknowledge and agree that SSP, the Partners and the Third Party Providers each reserves the right (but assumes no obligation) to delete, move, or edit any postings that come to their attention that they consider unacceptable or inappropriate, whether for legal or other reasons.
You agree not to use the Personals Services, the SSP Sites or any Partner Personals Areas to post, distribute, or otherwise make available any content or materials (including but not limited to text, graphics, video, software programs or audio) that are unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or judicial ruling. You also agree not to post content or materials that contain advertising or any form of commercial solicitation. Additionally, you agree not to impersonate any other person or entity, including impersonating an employee or consultant of either SSP, any Partner or any Third Party Provider.
You agree not to post or otherwise make available any contact information (related you or any other person) in any public areas (e.g., personal profiles, chat rooms, message boards, etc.) maintained within the SSP Sites and/or the Partner Personals Areas. The term “contact information” includes but is not limited to any person’s full name, email addresses, phone numbers, mailing addresses, place of employment, URLs, ICQ numbers or any kind of instant messaging identification. SSP and the Partners reserve the right, but do not maintain the obligation, to remove any contact information they might find in such public areas. You acknowledge and agree that SSP, the Partners, the SSP Affiliates and any Third Party Providers will maintain no responsibility whatsoever for any contact or interaction that occurs between you and any other user or member of the Personals Service. As between you, SSP, the Partners, the SSP Affiliates and any Third Party Providers, you alone shall be solely responsible for any consequences arising from your sharing, making available or otherwise exchanging, through a public area on the web or via a private exchange, any form of “contact information” with any user or member of the Personals Service.
Any images you post in personal profiles must be of you only. If you post a photo, SSP and/or each Partner may feature you and your photo as a Personal of the Day on any SSP Sites and any or all Partner Personals Areas (including the homepages of a Partner’s website linked to their respective Partner Personals Area). For a list of Partners, please access http://www.springstreetnetworks.com/partners. If you are featured as a Personal of the Day, any changes you make to your personal profile that day (including adding or deleting photos, editing preferences or text, hiding or deleting the personal profile, etc.) will not be reflected in the photo or quote featured.
Under no circumstances should you post or otherwise make available images of genitalia or other graphic sexually oriented content in your personal profiles or in any other public areas within SSP Sites or any Partner Personals Areas; if you do, SSP and/or each Partner maintains the right, but does not assume the obligation, to delete your personal profile, edit your personal profile by removing such images or content, and/or terminate your membership to the Personals Service, whereby your credits (if any) will be automatically forfeited as “partial damages” toward your breach of these TOS.
7. Copyrighted Material
While it’s free to register with SSP and/or its Partners, neither SSP nor its Partner intend to forfeit their rights, or anyone else’s rights, to the materials appearing on the Personals Services, the SSP Sites and the Partner Personals Areas. The materials available through the foregoing services, sites and areas are the property of SSP, the Partners and their respective Third Party Providers, and are protected by copyright, trademark and other intellectual property laws. You are free to access and use the Personals Services, the SSP Sites and the Partner Personals Areas for your personal, non-commercial use. But you may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such materials in any format, electronic or otherwise. Your access to content posted by other Personals Service members is also for your personal use only. If you want to redistribute such content, it is your responsibility to obtain permission from the member who posted it.
If you believe that your copyrighted work has been infringed and you want SSP to take down or disable the distribution of such work, please provide Spring Street Personals’ copyright agent with the following information. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner or exclusive licensee.
2. Identification of the copyrighted work claimed to be infringed. If a notice refers to multiple works posted at a single location, it is sufficient to include a representative list of works infringed at the site.
3. Identification of the material claimed to be infringing including information reasonably sufficient to permit the service provider to locate the material . Specifically, a complete URL — or URLs in the case of multiple works — must be provided.
4. Information reasonably sufficient to permit us to contact the complaining party, including an address, telephone number, and email address.
5. A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification by a copyright owner or a person authorized to act on the copyright owner's behalf that fails to comply with the provisions above shall not be considered sufficient notice and shall not be deemed to confer upon Spring Street Personals or its Partners actual knowledge of facts or circumstances from which infringing material or acts are evident.
The Designated Agent for Notice of claims of copyright infringement of Spring Street Personals and its partners, including Partner, is:
Spring Street Personals Legal Dept.
419 Lafayette, 4th Floor
New York, NY 10003
email: 
fax: 212.929.9046
The Designated Agent will accept reports alleging copyright infringement by persons using Spring Street Personals services (i.e., the Personals Services, the SSP Sites and/or the Partner Personals Areas). Please send any allegations to the above address. The Digital Millennium Copyright Act requires that the complaint contain certain information. For a detail of this information and for Spring Street Personals' copyright policy please go to http://www.springstreetnetworks.com/tos/dmca.jhtml.
8. Your Account and Password
You are responsible for maintaining the confidentiality of your member name and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Spring Street Personals of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you. You may cancel your account by emailing us from the email address you used at registration. Make sure to include your Member name, Profile name and full
name (as it appears in your account). Once your account has been deleted you will no longer have access to any remaining credits in your account and you will not be refunded. Credits are non-transferable. All Spring Street Personals credits are final sale and will not be refunded unless the charge was not authorized by you. Disputed charges must be reported to Spring Street Personals within 60 days, to .
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials and services provided through the SSP Sites and the Partner Personals Areas are for informational purposes only. You may only use the materials and services for your personal and non-commercial use. Before you act on any information you’ve found on any SSP Site or any Partner Personals Area, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE SSP SITES OR ANY PARTNER PERSONALS AREAS, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SSP SITES AND/OR ANY PARTNER PERSONALS AREAS.
THE PERSONALS SERVICE, THE SSP SITES AND THE PARTNER PERSONALS AREAS, AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” SSP, THE PARTNERS, EACH PARTIES THIRD PARTY PROVIDERS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE PERSONALS SERVICE, THE SSP SITES, OR THE PARTNER PERSONALS AREAS, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE PERSONALS SERVICE, THE SSP SITES OR THE PARTNER PERSONALS AREAS WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SPRING STREET PERSONALS AND ITS PARTNERS MAKE NO WARRANTY THAT THE PERSONALS SERVICE, THE SSP SITES OR THE PARTNER PERSONALS AREAS WILL MEET YOUR REQUIREMENTS, OR THAT THE PERSONALS SERVICE, THE SSP SITES OR THE PARTNER PERSONALS AREAS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES SPRING STREET PERSONALS AND ITS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PERSONALS SERVICE, THE SSP SITES OR THE PARTNER PERSONALS AREAS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PERSONALS SERVICE, THE SSP SITES OR THE PARTNER PERSONALS AREAS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PERSONALS SERVICE, THE SSP SITES OR THE PARTNER PERSONALS AREAS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
SPRING STREET PERSONALS, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SSP SITES OR ANY PARTNER PERSONALS AREAS, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY SSP SITES OR ANY PARTNER PERSONALS AREAS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH ANY SSP SITES OR ANY PARTNER PERSONALS AREAS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.
UNDER NO CIRCUMSTANCES SHALL SPRING STREET PERSONALS, THE PARTNERS, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE PERSONALS SERVICE, ANY SSP SITE(S) OR ANY PARTNER PERSONALS AREA(S) INCLUDING, WITHOUT LIMITATION, LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SSP, EACH PARTNER, AND THEIR RESPECTIVE THIRD PARTY PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU AGREE THAT THE LIABILITY, IF ANY, OF SSP, THE PARTNERS AND THEIR RESPECTIVE AFFILIATES, AGENTS AND LICENSORS ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE PERSONALS SERVICE, THE SSP SITES AND ANY PARTNER PERSONALS AREAS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE PERSONALS SERVICE.
10. Member Content Storage
Spring Street Personals, its Partners and their respective Third Party Providers assume no responsibility for the deletion, the inability, or failure to store your content.
11. Indemnification
You agree to indemnify and hold Spring Street Personals, the Partners, their respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and Third Party Providers harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Personals Service, any SSP Site(s) and/or any Partner Personals Area(s), your violation of these Terms of Service, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
12. Arbitration of Disputes
Any and all disputes arising out of or related to these Terms of Use and/or your relationship with Spring Street Personals, Inc. and/or your use of this Site shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Santa Clara County, California. The arbitration shall take place exclusively in Santa Clara County, California at JAMS before a retired judge and shall be governed by California law without regard to its conflict of law provisions.
13. Termination of Membership
Spring Street Personals and its Partners reserve the right to refuse membership to anyone. Spring Street Personals may terminate your membership and any and all information, communications, or postings at any time, without notice, for conduct that violates these Terms of Service or other policies or guidelines set out by Spring Street Personals and elsewhere on (including, but not limited to Member Etiquette, which can be viewed by http://www.nerve.com/accounts/etiquette.html), or for online conduct that Spring Street Personals and/or its Partners believe is harmful to other members, the business of Street Personals and/or its Partner Personals Areas, or other third-party information providers.
SSP and the Partners can't regulate what occurs when Personals members decide to communicate outside the Personals Service or otherwise meet offline. Nevertheless, if SSP believes that your use of the Personals Service could lead to offline behavior that is harmful to you, other Personals members, the public, SSP’s business or the business of any Partner or Third Party Provider, SSP and/or each Partner maintains the right to suspend your account with no refund. Depending on the severity of the matter, number of complaints (if any), and other factors, SSP or a Partner may or may not send you warning emails before suspending your account. Likewise, SSP, the Partners and their respective Third Party Providers each maintain the right to review private electronic messages distributed through the Personals Service, the SSP Sites and/or the Partner Personals Areas, and to use any other form of information available to SSP, the Partners and the Third Party Providers by virtue of your use of the Personals Service, the SSP Sites or the Partner Personals Areas (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these Terms of Service, or to protect the rights, property or safety of our members, visitors, customers, the public, SSP, the Partners, or any Third Party Providers.
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 purchase which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Spring Street Personals, Inc.) 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.
14. Legal Venue
This agreement shall be governed by the laws of the State of New York in The United States of America, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.
15. Severability & Headings
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
16. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO SPRING STREET PERSONALS AT THE ADDRESS SPECIFIED HEREIN. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY SPRING STREET PERSONALS OF YOUR CANCELLATION NOTICE. TO CANCEL THIS TRANSACTION, MAIL BY CERTIFIED OR REGISTERED UNITED STATES MAIL A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE TO: Spring Street Personals, Inc. Attn: Customer Service 419 Lafayette Street New York, NY 10003
17. Dating Service Consumer Bill of Rights
16.1. No social referral service contract shall require the payment by you, the purchaser, of an amount greater than one thousand dollars. In addition, no such contract may extend over a period of time greater than two years.
16.2. No social referral service contract shall require you, the purchaser, to purchase a good or service which is directly or indirectly related to the social referral service. These extra services are known as ancillary services and, while these ancillary service may be offered to you, the law prohibits the seller from requiring that you purchase this service as a condition of your social referral service contract.
16.3. If your social referral service contract costs more than twenty-five dollars, the seller must furnish a minimum number of referrals per month to you. If this minimum amount is not furnished to you for two successive months, you have the option of canceling the contract and receiving a full refund of all the money you paid, less a cancellation fee which cannot exceed either fifteen percent of the cash price or a pro rata amount for the number of referrals furnished to you.
16.4. Your social referral service contract must specify the distance which you, the purchaser, are willing to travel to meet any social referral. No social referrals shall be furnished where you and the referral live at a distance greater than the distance specified in the contract.
16.5. The provider must have an established policy to address the situation of your moving outside the area it services. This policy must be explained in your contract.
16.6. If any provision of the social referral service contract is violated, you have the right to bring a court action against the provider which has violated the contract.
16.8. Every contract for social referral service shall specify the distance which the buyer is willing to travel to meet any social referral. No social referral shall be furnished by the seller to the buyer if either the buyer or the social referral reside at a distance further than the distance specified in either the buyer's or social referral's contracts.
16.8-a. Every social referral service provider must establish and administer a fair and reasonable policy for the situation in which a purchaser moves to permanently reside at a location outside the service area of such provider. This policy must be set forth in every contract for social referral service.
16.9. (a) Whenever there shall be a violation of this section an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby. In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation. In connection withy any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules, and direct restitution.
(b) Any person who has been injured by reason of a violation of this section may bring an action in his or her own name to enjoin such violation, an action to recover his or her actual damages or fifty dollars whichever is greater, or both such actions.
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