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Marriage Score is a company dedicated to helping couples stay engaged in their marriage by developing healthy habits to help your marriage thrive. These Terms of Service (“Terms”) outline our relationship with you, the user of the services provided by Marriage Score, including our website and our iOS and Android applications (our “Digital Products”). By using our Digital Products, you agree to be bound by these Terms.

Marriage Score is passionate about protecting your information. Our privacy practices can be found in our Privacy Policy. By using our Digital Products, you acknowledge that you have read our Privacy Policy.

These Terms contain an arbitration clause that applies to residents of the United States. Please review Section 10 of the Terms for details.

 

Using Marriage Score

Using Marriage Score requires signing up for an account and purchasing a subscription option. One subscription allows for two users, yourself and your spouse.

You agree to provide us with accurate and complete information so that we can maintain your account. By giving us your email address, you agree that we may communicate with you via email, provided that we obtain consent where we are legally required to do so. If you change or deactivate your email address you agree to update your account information so messages are not sent to the wrong person.

 

Who Can Use Marriage Score

You may use Marriage Score only if you form a binding contract with Marriage Score, and only in compliance with our Terms of Service and all applicable laws.

 

How To Use Marriage Score

Our Digital Products help you stay engaged in your marriage. Marriage Score is not a medical device. Nor is it designed to diagnose or treat mental health conditions, mental illness, psychological disorders, diseases, or any other medical condition. Marriage Score does not provide healthcare services. The information contained in our Digital Products is not medical advice, and you should not treat it as medical advice. If you are concerned you suffer from a mental health condition, or any other medical condition, you should consult a licensed healthcare provider. You should not use our Products as a substitute for professional medical care from a licensed healthcare provider.

 

Our License To You

Subject to the Terms and our policies, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use our Digital Products (“Our License”). Some of our Digital Products may consist of software that is downloaded to your phone, tablet, or other device. You agree that we may automatically upgrade those Digital Products, and these Terms will apply to all upgrades.

 

Your Content

When you use our Digital Products, you will be invited to complete the Weekly TIP, a series of activities designed to develop habits to help your marriage thrive. During these Weekly TIPs you may be asked to provide other information associated with your marriage, such as time, weather, sleep, and exercise. We refer to the information you provide to Marriage Score while using our Products as “User Content.”

 

Your rights and responsibilities

You retain all rights in, and are solely responsible for, the User Content you provide to Marriage Score. You are responsible for any activity that occurs in your account, so it’s important that you keep your account secure, and it is your responsibility to maintain the security of any passwords or other codes you use to access your account. If you think that someone has gained unauthorized access to your account, please advise us immediately. Marriage Score is not responsible for any unauthorized access to, or use of, your account.

 

How we can use your content

When you provide User Content to Marriage Score, you grant us permission to use that content for the purpose of operating the service we provide to you through our Digital Products. Your User Content is not shared with other people unless you tell us to share it, except for the purposes of sharing anonymous data with scientists to help create better resources. You can withdraw this permission at any time and new data will no longer be shared with scientists. More details about this can be found in our Privacy Policy.

 

How long we keep your content

Following termination of your account, or if you remove any User Content from Marriage Score, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. For more information on how we handle your data, please refer to our Privacy Policy .

 

Feedback you provide to us

We love hearing your feedback on our Products, but you are not required to provide us with feedback. If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items that we develop based on your feedback or suggestions.

 

Our Resources

In addition to Weekly TIPs, Marriage Score provides a variety of tools, lessons, publications and other information we hope can be helpful to relational and marital well-being (“Resources”). Our License permits you to use these Resources freely within our Products. It does not permit you to make any use of them outside of our Products.

Marriage Score retains all rights related to these Resources. Except as permitted by copyright law, you may not modify any of the Resources and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Resources, or any other information or work contained in our Products. You are responsible for obtaining any required permission before reusing any copyrighted material that is available in our Products.

The information contained in our Resources is provided for informational purposes only. It is not medical advice. You should not treat it as medical advice, or use it as a substitute for medical advice from a licensed care provider.

 

Standards Of Conduct

Marriage Score is not a social platform, but we expect all users to demonstrate good judgment and create a positive experience for themselves and others. We do not tolerate User Content that is illegal, hateful, pornographic, exploitative, harassing, violent, threatening, or otherwise inappropriate. Marriage Score reserves the right to remove any content it deems unlawful or inappropriate for any reason and in its sole discretion.

Marriage Score respects the intellectual property rights of others and we expect our users to do the same. You may not use our Products in a way that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right.

 

Repeat infringer policy

It’s our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights. In keeping with the Digital Millennium Copyright Act, we’ll respond quickly to claims of copyright infringement on Marriage Score that are reported to our designated copyright agent, identified below.

 

Reporting claimed infringement

If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on our Products by completing the DMCA Notice of Alleged Infringement and sending it to our designated copyright agent. To submit a DMCA notice, lease send the following information to our designated copyright agent:

Identify the copyrighted work you believe has been infringed. If you’re reporting multiple copyrighted works, you can provide a representative list of those copyrighted works.

Identify the content on our Product you claim to be infringing your rights, including the information we need to help us find it, such as a URL.

Provide your mailing address, phone number and email address.

Include both of these statements in the body of your notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use).”

“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I’m the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed.”

Include your full legal name and your electronic or physical signature (for example, by typing your full name).

Send your completed DMCA notice to support@marriagescore.com or send it to the mailing address listed in Section 12 of these Terms.

When we get your DMCA notice, we’ll take whatever action we determine is appropriate, which may include removing the reported content from our Products. If we remove content in response to a DMCA notice, we may notify the person who contributed it to Marriage Score so they have the opportunity to submit a counter-notice. We may also send a complete copy of the notice to others, as appropriate.

 

Third-party Links, Sites, And Services

Our Products may contain links to third-party websites or services that are not owned or controlled by Marriage Score. We do not assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third party website, service, or content from Marriage Score, you do so at your own risk and you agree that Marriage Score will have no liability arising from your use of or access to any third-party website, service, or content.

 

Modification And Termination

We may add or remove features, products, or functions of our Products, and we may also suspend or stop providing our Products. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.

Marriage Score may terminate or suspend this license and your access to our Products at any time, with or without cause or notice to you. Marriage Score may also limit your use of specific features in our Products with or without cause or notice to you.

Upon termination, you continue to be bound by Sections 7-11 of these Terms.

 

Indemnity

We do not expect you to use Marriage Score for commercial purposes. If you do, you agree to indemnify and hold harmless Marriage Score and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms

 

Warranty Disclaimer

Our Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

MARRIAGE SCORE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Marriage Score does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

 

Limitations Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARRIAGE SCORE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

EXCEPT AS PROVIDED IN SECTION 19, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARRIAGE SCORE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00)

 

Arbitration And Dispute Resolution

If you have a concern or dispute with Marriage Score, we would appreciate the opportunity to resolve it without having to resort to formal legal proceedings. You agree to notify Marriage Score in writing at support@marriagescore.com before filing any claims with a court or arbitration body so that we can attempt to resolve the issue with you. Your notice should include an explanation of your concern or dispute, how it arose, and what (if anything) you want Marriage Score to do to resolve it. If you and Marriage Score cannot resolve the dispute within 60 days of your notice, either you or we may file a formal proceeding in accordance with this Section 11.

Please read the following terms carefully because they require U.S. residents and Marriage Score to resolve all disputes through binding arbitration.

 

Mandatory Arbitration Agreement For U.S. Residents

If you are a resident of the United States, you and Marriage Score agree that all claims between us, including any disputes arising out of or relating to these Terms or use of the Products will be resolved through binding arbitration on an individual basis. There are two exceptions. First, for claims that qualify, you or Marriage Score can elect to have those claims heard in small claims court. Second, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents will be resolved in court. Any disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided below.

You can opt-out of this agreement to arbitrate by sending a letter to Marriage Score at support@marriagescore.com stating that you wish to opt-out of the arbitration agreement. You must send us your opt-out notice within 30 days of first registering your Marriage Score account or agreeing to these Terms. If you previously agreed to a prior version of these Terms that provided for an arbitration opt-out, you do not have the opportunity to opt-out under this version of the Terms.

Any arbitration will be administered by JAMS pursuant to its comprehensive arbitration rules and procedures (the “JAMS rules”), which are available here. If these rules cannot be enforced for any reason, then you and Marriage Score will arbitrate the dispute utilizing other rules the arbitrator deems appropriate for the dispute. The arbitration will be before a single arbitrator and conducted in English.

The arbitrator will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication, and motions to dismiss and demurrers, applying the standards set forth for such motions under the California Code of Civil Procedure. The arbitrator will issue a written decision on the merits, the arbitrator will have the power to award any remedies available under applicable law, and the arbitrator may award attorneys’ fees and costs to the prevailing party where permitted by applicable law. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction thereof.

Subject to the Federal Arbitration Act’s exclusive applicability to the enforcement of this agreement to arbitrate, you agree that the arbitrator will conduct any arbitration hearing or proceeding applying Delaware substantive and decisional law and the Delaware Code of Civil Procedure. You agree that any arbitration under this agreement will be conducted in the county in which you live or such other mutually-agreed location. If the claim is for less than $10,000 (ten thousand U.S. dollars) and doesn’t involve injunctive relief, you may choose whether the arbitration is conducted (i) solely on the basis of documents submitted to the arbitrator, (ii) through telephone or video calls, or (iii) by an in-person hearing under the JAMS rules in your county of residence.

The arbitrator can award any relief that a court of competent jurisdiction could award. If the arbitrator awards you an amount higher than the last written settlement amount offered by Marriage Score before an arbitrator was selected, Marriage Score will pay you the higher of (i) the amount awarded by the arbitrator, and (ii) $10,000 (ten thousand U.S. dollars).

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MARRIAGE SCORE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

To the extent any claim, dispute or controversy regarding Marriage Score or our Products isn’t arbitrable under applicable laws or otherwise: you and Marriage Score both agree that any claim or dispute with Marriage Score will be resolved exclusively in accordance with Sections 10(B) and 11 of these Terms.

 

Venue

For any claims or disputes arising out of or relating to these Terms or use of the Products that are not resolved through binding arbitration under Section 10(A) of these Terms, you and Marriage Score agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Wilmington, Delaware, USA

 

Governing Law And Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. If the laws where you reside require agreements with consumers to be governed by the local laws, then Section 11 does not apply to you.

 

Changes and Notifications

We may revise these Terms from time to time and the most current version will always be available on our website and via our apps. Unless otherwise required by law, or where we need to make urgent changes for safety, security or regulatory reasons, we will give you reasonable advance notice through appropriate, transparent notifications (for example, through our Products) of material changes to these Terms which impact you and the date that they will come into force. The changes will only apply to our relationship going forward. If you do not agree to the changes to the Terms, you will have to stop using our Products. If you continue to use the Products once the changes come into effect, we will take that as your acceptance of the updated Terms.

 

Assignment

These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Marriage Score without restriction. Any attempted transfer or assignment in violation of the above will be null and void.

 

Entire Agreement

These Terms, together with any amendments and additional agreements you may enter into with Marriage Score in connection with our Products, constitute the entire agreement between you and Marriage Score concerning our Products. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

No Waiver

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Marriage Score’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

 

Parties

This is a contract between you and Marriage Score, LLC. Our address is:

Marriage Score, LLC. 1209 Orange Street, Wilmington, Delaware 19801