Terms of use

Effective Date: May 05, 2021

By accessing the RubPal.com website (the “Website” or “RubPal”), including through a mobile application, you (the “User”, “Member”, or “You”) agree to be bound by this Terms of Use agreement (the “Agreement”) and the Privacy Policy, which is available here. You agree that you are bound by this Agreement and the Privacy Policy, whether or not You register as a Member of the Website. The Website is operated by Whoopee App LLC. (“Whoopee” or the “Company”). If You wish to visit the Website or to become a Member and make use of the RubPal service (the “Service”), please read this Agreement. You are required to accept this Agreement to access and use the Website. This Agreement is in English. You should not rely on any non-English translation of this Agreement. Refer to this Agreement in English in the event of any discrepancies or inconsistencies.

This Agreement is between You and Whoopee and is required before You can use the site and the Service. English is the official language of this Agreement.

Please review this Agreement carefully, including the Acceptable Website Use provision, which PROHIBITS ANY UNLAWFUL USE OF THE SITE, INCLUDING ESCORTING, PROSTITUTION, AND HUMAN TRAFFICKING. To proceed with this Agreement and to access the Service of the Website, You must acknowledge and agree to be bound by the terms of this Agreement, including the Acceptable Website Use provision described herein.

  1. Binding Agreement

    1. This Agreement is an electronic contract that sets out the legally binding terms. You must accept this Agreement to use the Website and to become a “Member.” For purposes of this Agreement, the term “Member” or “Membership” means a person who provides information to the Company on the Website to participate in the Service in any manner, whether such person uses the Service as a free or paid Member. This Agreement may be modified by Whoopee in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website or the Service after the posting of modifications to this Agreement will constitute your acceptance of such revisions.

    2. This Agreement includes Whoopee's Acceptable Website Use Policy (as set forth herein), Whoopee’s Privacy Policy, notices regarding the Website, and terms disclosed and agreed to by You if You become a Member or if You purchase or accept additional features, products, or services we offer on the Website, such as state-specific terms and terms governing features, billing, free trials, discounts, and promotions.

  2. Eligibility
    You must be at least eighteen years old to use the Website or register as a Member. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If You become a Member, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender (or similar designation) with any government entity or legal authority. You will only use the Service and the Website in a manner consistent with this Agreement and any applicable local, state, national and international laws and regulations, including, but not limited to, the United States export control laws. By using the Service, You represent that You have not been designated by the United States government as a “Specially Designated National” or another person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service is void where prohibited. You are responsible for determining whether the use of the Service is legal in the jurisdiction in which you access the Website.

  3. Term and Termination
    All terms of this Agreement will remain in full force and effect while You use the Website and/or are a Member. Moreover, all terms of this Agreement will survive the Agreement’s termination by either You or Whoopee, except for any terms that by their nature expire or are fully satisfied. You may terminate your Membership at any time, and for any reason, by following the instructions on the Delete Account section in Account Settings, or by sending a written notice of termination to admin@rubpal.com. If you deactivate your account, Whoopee may still retain certain information associated with your account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce this Agreement and its conditions, take actions it deems necessary to protect the integrity of the Website or to protect the Website’s users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in the Privacy Policy, retention of that information will be subject to those third parties’ policies.
    RubPal may terminate your Membership, if fellow Members flag or report your account, with or without notice. If your Membership is terminated—whether by You or RubPal—You will not be entitled to any refund of unused membership or unused credits.

  4. Exclusively for Non-Commercial Use
    The Website and the Service are for personal use only. Any other use, including use by the media, competitors, or any entity or individual wishing to use the Website or Service for profit, is considered “Commercial Use” by “Commercial Users.” Prohibited Commercial Use includes, but is not limited to, using the Service in connection with any commercial endeavors such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company; (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes; (iii) press or media purposes of any kind not authorized by the Company (all media inquiries should be directed to admin@rubpal.com); (iv) seeking leads or customer information for any kind of business activities (whether or not those activities are conducted on or off of the Website); or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses—and any other associations or entities that are not individual persons—may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means to send unsolicited email, or unauthorized framing of or linking to the Website (or otherwise making RubPal’s content viewable on another website through any other means), may be investigated and appropriate legal action may be taken. Such action may include (without limitation) civil, criminal, and injunctive relief. Users of the Website may not use any information obtained from the Service to contact any other user, without the other user’s prior explicit consent. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including referring activities the Company deems suspicious to governmental authorities.
  5. Account Security
    Your Membership account is for your personal use only. You are responsible for maintaining the confidentiality of your username and password and You are solely responsible for all activities that occur under your username and password, including the distribution of your personal information to other users. You acknowledge that RubPal is not responsible for third-party access to your account information or personal information when that access results from any action or inaction on your part, including but not limited to the voluntary distribution of your username, password, or other personal information. You also acknowledge that RubPal is not responsible for third-party access to your account information when that access results from theft or misappropriation of your username, password, or other personal information from your possession, custody, or control.
  6. Risk Assumption and Precautions
    1. RubPal IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE SERVICE. YOU ASSUME ALL RISKS WHEN USING THE SERVICE AND THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER MEMBERS OR WEBSITE USERS, INCLUDING DATING OR SENDING MONEY TO ANOTHER MEMBER. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING INDIVIDUALS THROUGH THE WEBSITE OR SERVICE. You should not provide your financial information (for example, your credit card or bank account information) to other Members
    2. RubPal DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, RubPal reserves the right to conduct any criminal background check, at any time and using any records legally available. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
    3. Members who pass a RubPal's background screening may have a “Background Verified” mark displayed on their profile. You understand that RubPal makes no guarantees, express or implied, regarding the accuracy or reliability of the background screening or “Background Verified” mark, and in no event will RubPal be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the self-background screening or “Background Verified” mark.
    4. You understand that RubPal makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
  7. Proprietary Rights
    Whoopee owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Whoopee. Except for information that is in the public domain or which You have been given written permission to use, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
  8. Acceptable Website Use
    1. You are solely responsible for the content and information that You post, upload, publish, link to, transmit, record, display, or otherwise make available (hereinafter, “Post” or “Posting”) on the Website or as part of the Service or transmit to other Members, including chats, videos (including streaming videos), photographs, voice calls, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not Post on the Website or as part of the Service, or transmit to the Website or any other Member (either on or off the Website), any material or engage in conduct on or through the Website: (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful; (iv) that uses multiple accounts for one user; or (v) that expresses or implies that any statements You make are endorsed by Whoopee, RubPal, or any related websites, affiliates or subsidiaries. You represent and warrant that all information that You submit upon registration is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, misleading, or false.
    2. RubPal reserves the right but has no obligation, to monitor any Content You post on the Website or as part of the Service. Whoopee may remove any Content for any reason whatsoever. Without limitation, RubPal may remove Content that, in its sole opinion, violates, or may violate any applicable law, or the letter or spirit of this Agreement. RubPal/Whoopee may also remove any Content upon the request of any third party, or for any other reason whatsoever. RubPal/Whoopee, in its sole discretion, may suspend or ban any Member that posts Content that is objectionable for any of the reasons given in this paragraph or for any other reason.
    3. By Posting Content on the Website or as part of the Service, You automatically grant to RubPal an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content; and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that RubPal can prevent the use of your Content outside of the Service, You authorize Whoopee to act on your behalf concerning infringing uses of your Content taken from the Service by other users or third parties. Our license to your Content is subject to your rights under applicable law (including without limitation laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
    4. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (i) accessing data not intended for You or logging into a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or breaching (or attempting to breach) security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third-party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism, any robot, spider, site search/retrieval application, or any manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its Contents; or (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website, or any software used on or for the Service or the Website, or causing others to do so.
    5. The Website may be used only for lawful purposes by individuals seeking massage or rubs. As one of the conditions of your use of the Website and the Service, You represent, warrant, and agree that You will not use (or plan, encourage or help others to use) the Website or the Service for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Website and the Service complies with this Agreement, and to seek prior written consent from Whoopee or RubPal for any uses not permitted or not expressly specified herein. Whoopee specifically prohibits any use of the Website or the Service, and You hereby agree not to use the Website or the Service, for any of the following:
      1. Using the Website as an escort or prostitute or using the Service to promote, solicit, or engage clients for an escort or prostitution service, or to engage or facilitate human trafficking of any kind, including past escort activities or affiliation with an escort site or service;
      2. Posting or sending material that exploits people under the age of 18, solicit personal information from anyone under 18, failing to report knowledge of a person under the age of 18 to admin@rubpal.com, or continuing to use the site to interact in any way with anyone You know or believe is under the age of 18. Any violation of these prohibitions will result in termination of your Membership and possible referral to law enforcement or other agencies, such as the National Center for Missing and Exploited Children;
      3. Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
      4. Posting any Content that is not entirely your own or which You do not have full rights to use;
      5. Impersonating or otherwise misrepresenting any affiliation, connection, or association with any person or entity;
      6. If You have a password, allowing any other person to access a non-public area of the Website, disclosing or sharing your password to or with any third parties or using your password for any unauthorized purpose; using meta tags or code or other devices containing any reference (express or implied) to the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Website) to direct any person to any other website for any purpose;
      7. Soliciting, from other users, passwords, or personal identifying information for commercial or unlawful purposes, or for any other reason that would constitute a violation of this Agreement;
      8. Engaging in advertising to, or solicitation of, other Members to send money, or buy or sell any products or services. You may not transmit any chain letters or junk/spam email to other Members. If You breach the terms of this subsection and send or post unsolicited bulk email, spam, or other unsolicited communications of any kind through the Service, You acknowledge that You will have caused substantial harm to Whoopee;
      9. Initiating contact with Members off site by any other means without first obtaining explicit permission from them to do so via the Website;
      10. Posting advertisements or solicitations of employment, business, or pyramid schemes;
      11. Using the Website or Service for activities that violate any law, statute, ordinance, or regulations;
      12. Using the Website or Service to encourage, promote, facilitate or instruct others to engage in illegal activity;
      13. Engage in any activity that violates criminal laws of the jurisdiction in which the Member resides, visits, or contacts Members;
      14. Bullying, stalking, intimidating or otherwise harassing any other Members or Company employees or representatives;
      15. Framing or mirroring any part of the Service or the Website, without the Company's prior written authorization;
      16. Using the Service to damage Whoopee or RubPal;
      17. Using the Website for any competitive purpose, including copying, soliciting, competitive or market analysis or any other use by a competitor;
      18. Recruiting, including for pornography, modeling, or escort sites or brothels;
      19. Commercial Use as defined above, in Section 4;
      20. Any other use that violates any applicable law, including without limitation laws related to export controls.
    6. Commercial Use and Competitive Violations and Liquidated Damages. Commercial Users (as defined in Section 4) act in violation of the terms of this Agreement and acknowledge that they are not using the Website for its intended purpose. Each instance of Commercial Use or competitive use of the Website is in violation of this Agreement and is subject to a $100,000 award for damages as liquidated damages for each breach. You acknowledge that any Commercial Use of the Website or Service will cause harm in an amount that would be extremely difficult to ascertain and that $100,000 for each and every commercial or competitor violation is a reasonable estimate of such harm.
  9. No Harassment of RubPal or Whoopee Employees
    You will not harass, annoy, intimidate, or threaten any Whoopee or RubPal employees or agents engaged in providing any portion of the Service to You. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your Membership and You will not be entitled to any refund of unused membership.
  10. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
    You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us at admin@rubpal.com and provide the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that You claim is being infringed; identification of the material that is claimed to be infringing and where it is located on the Website; information reasonably sufficient to permit RubPal to contact You, such as your address, telephone number, and email address; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and a statement, made under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf. Only copyright notices will be accepted at the above email address. All other inquiries or requests will be discarded.

  11. Premium and Membership
    1. You must provide current, complete, and accurate information for your Billing Account.
    2. You agree that all payments made on the Website are final and that You will not challenge or dispute the charge with your bank. You agree that if you have any problems with your payment (such as duplicate billing), you will contact us. You will send an email to admin@rubpal.com to resolve the issue.
    3. NO RECURRING PAYMENTS, RubPal DOESN'T AUTOMATICALLY RENEW ALL PAID MEMBERSHIPS FOR THE SERVICES ON THE DATE SUCH MEMBERSHIP EXPIRE. If You want to change or terminate your membership, please log in and go to “Settings” on the Website and click on “Delete Account”.
      1. RubPal MAINTAINS A STRICT NO REFUND OF MONEY POLICY. ALL PURCHASES MADE ON THE WEBSITE ARE FINAL. IF YOU CHOOSE TO PURCHASE A PREMIUM PACKAGE OR CREDIT POINTS ON THE WEBSITE, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR ANY UNUSED OR REMAINING MEMBERSHIP, EXCEPT FOR CREDIT POINTS, RUBPAL WILL REFUND CREDITS IF YOU USE THEM TO START A CHAT BUT YOU ARE REJECTED OR NEVER ANSWER FOR A PERIOD OF 3 MONTHS AND YOU WILL SEND US AN EMAIL TO admin@rubpal.com TO OPEN AN INVESTIGATION.
      2. When You deactivate your RubPal account or if your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused membership and credits will be forfeited and no refunds will be issued for any remaining or unused Premium Membership and credits. Further, if your deactivated RubPal account and it is reinstated at a later date, You agree that neither any unused paid membership nor credits forfeited at the time of your account deactivation will be reinstated with your account.
      3. Credits or a Premium purchased for a specific RubPal account are strictly non-transferable. You agree that any remaining or unused Premium Membership associated with an active or deactivated RubPal account will not be transferred to any other account belonging to You or someone else.
      4. RubPal reserves the right to offer free Membership to any person(s) of its choice at any given time, for any duration, while charging other Members, at the same time. RubPal also reserves the right to cancel the free trial period at any time, for all or any of its Members. A Member profile (whether that profile relates to a paying or free Membership) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, You may not (even as a Premium Member) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.
  12. Service and Modification to the Website.
    Whoopee does not guarantee that the Website will be fully operational all of the time. Members may face significant service disturbances. Only if the Website is offline for a period of more than 72 consecutive hours will a pro-rated refund be given. RubPal/Whoopee DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice to any Member, group of Members, or all Members. You agree that the Company shall not be liable to You or any third party for any modification, suspension, or discontinuance of the Service. To protect the integrity of the Website or the Service, the Company reserves the right at any time, in its sole discretion, to block users related to certain IP addresses from accessing the Website or Service. You agree not to circumvent, or attempt to circumvent, any such user block imposed by the Company.
  13. User Information
    1. When You register for our Service on the Website, You will be asked to provide us with certain information, including but not limited to, a valid email address (your “User Information”). RubPal's right to use your User Information is described in our Privacy Policy. Please see our Privacy Policy for further details regarding the use of your User Information. RubPal reserves the right to offer third-party services and products to You based on the preferences that You identify in your User Information and at any time thereafter; such offers may be made by us or by third parties and are governed by our Privacy Policy.
    2. You acknowledge and agree that RubPal/Whoopee may disclose in whole or in part your User Information and Content if required to do so by law, at the request of a third party (subject to our Privacy Policy), or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any compulsory legal process; (ii) protect or defend Whoopee, RubPal, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

    3. Notwithstanding any other provision of this Agreement or the Privacy Policy, Whoopee reserves the right but has no obligation, to disclose any User Information and Content that You submit to the Service, if, in its sole opinion, Whoopee suspects or has reason to suspect that the information involves a party who may seek to commit a crime, be committing a crime, or be the victim of a crime or any form of abuse. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, domestic violence, or human trafficking. Information may be disclosed to authorities that Whoopee, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that RubPal/Whoopee is permitted to make such disclosure.

  14. Links
    The Website may contain, and the Service may provide, links to sites that are not maintained by RubPal. While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that Whoopee/RubPal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
  15. Disclaimers
    1. RubPal/Whoopee is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service.
    2. RubPal/Whoopee is not responsible for a user or Member's conduct of any kind, whether online or offline.
    3. RubPal/Whoopee is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the user or Member communications.
    4. RubPal/Whoopee is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.
    5. Under no circumstances will RubPal/Whoopee be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interaction or contact between users of the Website, whether online or offline.
    6. THIS SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Whoopee PROVIDES THE WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE CONCERNING THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. Whoopee DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
    7. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION CONCERNING ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
    8. From time to time, RubPal may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Website and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. RubPal DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL WHOOPEE OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY MEMBERS.
    9. RubPal cannot guarantee and does not promise any specific results from the use of the Website and/or the Service.
    10. This Website is only a venue—it acts as a venue for individuals to post personal and contact information for purposes of exchanging massages. Whoopee is not required to screen or censor information posted on the Website, including but not limited to, the identity of any user and any user content. We are not involved in any actual communication between Members. As a result, we have no control over the quality, safety, or legality of the information or profiles posted or the truth or accuracy of such information. You agree that You are solely responsible for your interactions with other Members and that RubPal/Whoopee is not liable in any way for Member communications. RubPal reserves the right but has no obligation, to monitor communications on the Website between You and other Members, or any other correspondence or interaction that occurs outside the scope of the Website. The Website and Service is a tool for providing the initial contact between Members, and anything beyond that is not in our control and is carried out at the Members’ own risk. Members must use common sense about what information they reveal to others via chat, audio, or video calls. It is your responsibility to ensure your safety and to investigate Members and verify they are legitimate massage seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution You to be skeptical of any Member until You learn more about them and verify their background.
    11. In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Website or through the Service provided for under this Agreement are for informational and entertainment purposes only and are not intended to replace, or substitute for, any professional, medical, or other advice. The Company makes no representations or warranties and expressly disclaims any liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist and seek the immediate attention of the proper professional.
    12. You specifically acknowledge and agree that RubPal/Whoopee is not liable for your defamatory, offensive, infringing, or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Website without liability or notice to You.
  16. Limitation on Liability
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Whoopee/RubPal BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Rubpal/Whoopee KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Whoopee’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR IF YOU HAVE NOT PAID Whoopee FOR THE USE OF ANY SERVICE, THE AMOUNT OF US$20.00 OR ITS EQUIVALENT.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Whoopee/RubPal BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
    3. To the fullest extent permitted by applicable law, You release the Company from responsibility, liability, claims, demands or damages of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of, or related to, disputes between users and the acts or omissions of third parties. You expressly waive any rights You may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in your favor at the time of agreeing to this release.
    4. THE LIMITATION OF LIABILITY PROVISIONS OUTLINED IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL CONCERNING THEIR ESSENTIAL PURPOSE.
  17. Litigation of Disputes
    1. Whoopee is always interested in attempting to resolve any dispute by amicable and informal means, and we encourage You to contact us at admin@rubpal.com before resorting to litigation.
    2. However, neither You nor Whoopee is required to resolve any dispute before bringing that dispute into litigation.
    3. Both You and RubPal/Whoopee agree that all disputes will be litigated, exclusively, in the state and federal courts of New York, NY, and not in any other forum, except as provided in subsections 6 and 7 below.
    4. By accessing and using the Website and/or Service, You hereby irrevocably consent to the jurisdiction and venue of the federal or state courts located in New York, NY in the United States.
    5. YOU AND RubPal/Whoopee ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY.
    6. If You access the Website or use the Service from outside the United States, You waive all rights under the laws and regulations of the territory from which You access or use the Website or Service, unless You are an E.U., Swiss, or United Kingdom citizen or located in the EEA, in which case your privacy rights and Privacy Disputes are governed by European privacy laws.
    7. A “Privacy Dispute” is defined as any unresolved disagreement related to the sharing, processing, and/or transfer of a user’s personal data.
    8. This Agreement, and any dispute between You and RubPal/Whoopee, except for Privacy Disputes as noted above (for E.U, EEA, Swiss, or United Kingdom citizens), shall be governed by the laws of the state of New York without regard to principles of conflicts of law.
  18. Consent to Service of Process by Email.
    By using the Website or Service, You consent to the service of process of any summons and/or complaint at the email address that you provided to RubPal to create your RubPal account. You further agree that email is a reasonable means of notice and service for any litigation.
  19. Consent to Allow Whoopee to Bring Lawsuits on Your Behalf
    You agree that RubPal/Whoopee may bring actions on behalf of You or any other Member or Members, in any judicial, arbitral, or another forum, where Whoopee’s rights may be implicated.
  20. Indemnity
    You agree to defend, indemnify, and hold harmless, Whoopee’s officers, directors, employees, agents, affiliates, and subsidiaries from and against any claims, actions, or demands, arising from your use of the Website, the Service, or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content You post on the Website or as a result of the Service, and the violation of any law or regulation by You. You, and your estate in the case of your death, further agree that this indemnification provision covers all third-party claims, actions, or demands, including those filed by your spouse, children, family, or others who rely on You for support. You also agree that this indemnification provision covers all damages, costs, or expenses related to claims described in this Section, including without limitation all reasonable legal and accounting fees. Whoopee reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Whoopee in connection therewith.
  21. General Provisions
    1. Violation of this Agreement may cause Whoopee irreparable harm, and You, therefore, agree that Whoopee will be entitled to seek extraordinary relief in court, including but not limited to, temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Whoopee may have for a breach of this Agreement.
    2. This Agreement (which You accept by using the Website and further affirmed by becoming a Member of the Service), along with the RubPal Privacy Policy located on the Website and any applicable payment, renewal, and additional Service terms, comprise the entire agreement between You and Whoopee regarding the use of the Website and/or the Service, superseding any prior agreements between You and RubPal/Whoopee related to your use of the Website or Service (including, but not limited to, any prior versions of this Agreement).
    3. Unless otherwise explicitly stated, this Agreement will survive termination of your registration to the Service.
    4. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
    5. The failure of Whoopee to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    6. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death.
    7. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You may not make any representations or bind Whoopee in any manner.
  22. Special State Terms
    The following provisions are added to this Agreement for members 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 before midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this Agreement, email us at admin@rubpal.com 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: RubPal.com, Attn: Terms of Use Manager. Please include your RubPal username and email address in any correspondence or your refund may be delayed. If You cancel, RubPal 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 membership agreement within such a three-day period, we will refund the full amount of your membership. If You die before the end of your Premium period, your estate shall be entitled to a refund of that portion of any payment You had made for your membership which is allocable to the period after your death. If You become disabled (such that You are unable to use the services of RubPal) before the end of your Membership period, You shall be entitled to a refund of that portion of any payment You had made for your membership which is allocable to the period after your disability by providing the company notice at the same address as listed above.
  23. Special European Terms
    If You are a consumer in Europe, Whoopee does not exclude or limit any liability for gross negligence, intent, or death, or personal injury caused by its negligence or willful misconduct.
    If RubPal/Whoopee causes damage to You and You are a consumer in Europe, liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of agreement. Whoopee is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or to exclude our responsibility for something we have specifically promised to You.
    If You are a consumer in Europe, Whoopee may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment, You are entitled to terminate the Agreement with immediate effect by deactivating your account. Whoopee will provide You with reasonable notice, via the methods noted below, of any such assignment.
  24. Notice.
    The Company may provide You with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, Rubpal's chat, or postings on the Website. Such notices may not be received if You violate this Agreement by accessing the Service in an unauthorized manner. You agree that You are deemed to have received any notices that would have been delivered had You accessed the Service in an authorized manner.

  25. Revision Date and Amendment.
    This Agreement is subject to change by the Company at any time. If You are a non-paid Member at the time of any change, the revised terms will be effective when posted on the Website, and your use of the Service after such posting will constitute acceptance by You of the revised Agreement. If You are a paid Member at the time of any change, to the extent permitted by applicable law the then-existing Agreement will continue to govern your Membership until such time that your Membership is finished (whether by You or automatically by the Service) as contemplated herein. If You continue your Membership, your renewal will constitute acceptance by You of the revised Agreement. Alternatively, if You terminate your membership at such time, your use of the Service after your termination will constitute acceptance by You of the then-existing Agreement.