Website Terms of Use

These Website Terms of Use (these “Terms”) govern your access to websites and related services operated by or on behalf of Second Innings, Inc. (“Second Innings,” “we,” or “us”). These Terms are important and affect your legal rights, so please read them carefully (including the arbitration and class action waiver provisions). If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Second Innings Services or any features provided therein.Note that Section 14 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes, except where prohibited by applicable law. BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.

By accessing or using secondinnings.app and our various related websites, applications and services (collectively, the “Second Innings Services”), you acknowledge and agree that you have read, understood and agree to be bound by these Terms, [the Community Guidelines, Safety Tips,] and all of the terms incorporated herein by reference.

By using the Second Innings Services, you represent and warrant that: (a) you are an individual (not a legal entity) and at least 18 years old and the age of majority in your jurisdiction; (b) you are legally qualified to enter a binding contract with us; (c) you are not located in, a resident of, or a national of a country that is subject to comprehensive U.S. government sanctions or embargos (including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, and Venezuela with respect to certain government entities);; (d) you are not on any list of individuals prohibited from conducting business with the United States; (e) you are not prohibited by law from using the Second Innings Services; (f) you have not been convicted of, pled guilty to, or pled no contest to, a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or fraud, and are not currently subject to any outstanding warrants or restraining orders; (g) you are not required to register as a sex offender with any state, federal, or local sex offender registry; (h) you do not have more than one user account; and (i) you have not previously been removed or suspended from the Second Innings Services or engaged in any activity that could result in suspension or removal from the Second Innings Services, unless you have our express written permission to create a new user account.

You should not construe Second Innings’ publication of any Content found on the Second Innings Services as an endorsement by Second Innings of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, or action made by the author of such Content.

We may revise these Terms at any time for any reason and will provide you notice of material changes by email to the address associated with your account or by posting a notice through the Second Innings Services at least 30 days before the effective date of such changes. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the bottom of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Second Innings Services after the effective date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to any revised Terms, you must stop using the Second Innings Services before the effective date of such changes. We strongly recommend that you periodically visit this page to review these Terms.

In order to access and use certain areas or features of the Second Innings Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only.

You agree to (a) provide accurate, current and complete information, (b) not create, use, or permit the use of any fake, simulated, or automated user profiles, including bots, (c) maintain and promptly update, as necessary, your information, (d) maintain the security and confidentiality of your account, (e) not permit any third party to access or use the Second Innings Services on your behalf, (f) immediately notify us if you discover or otherwise suspect any security breaches related to the Second Innings Services or unauthorized access to your account; and (g) be solely responsible for all activity that occurs on your account. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate your current or future use of the Second Innings Services.

By providing information and/or answering questions, you also consent to receive electronic communications from Second Innings (e.g., via email or by posting notices to the Second Innings Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

YOU UNDERSTAND THAT SECOND INNINGS DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SECOND INNINGS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. SECOND INNINGS RESERVES THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. BY USING THE SECOND INNINGS SERVICES, YOU EXPRESSLY AUTHORIZE SECOND INNINGS TO CONDUCT SUCH SCREENINGS AND AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF WE DECIDE TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, WE WILL OBTAIN YOUR SEPARATE WRITTEN AUTHORIZATION AS REQUIRED BY THE FAIR CREDIT REPORTING ACT (FCRA) AND CALIFORNIA’S INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT (ICRAA) BEFORE OBTAINING A CONSUMER REPORT OR INVESTIGATIVE CONSUMER REPORT ABOUT YOU. YOU WILL RECEIVE A SEPARATE DISCLOSURE AND AUTHORIZATION FORM FOR THIS PURPOSE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING SENSIBLE SAFETY PRECAUTIONS. YOU AGREE TO EXERCISE CAUTION AND COMMON SENSE WHEN USING THE SECOND INNINGS SERVICES AND IN ALL INTERACTIONS WITH OTHER USERS, INCLUDING SHARING PERSONAL INFORMATION OR ARRANGING IN-PERSON MEETINGS. IF YOU DECIDE TO MEET ANOTHER USER IN PERSON, YOU SHOULD DO SO IN A PUBLIC PLACE, INFORM A FRIEND OR FAMILY MEMBER OF YOUR PLANS, TAKE ADDITIONAL SAFETY PRECAUTIONS, AND CONSIDER CONDUCTING YOUR OWN BACKGROUND CHECKS. EXCEPT WHERE PROHIBITED BY LAW, SECOND INNINGS EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE CONDUCT OF ANY USER ON OR OFF THE SECOND INNINGS SERVICES, INCLUDING BUT NOT LIMITED TO BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR DEATH.

Unless otherwise indicated in writing by us, the Second Innings Services and all content and other materials contained therein, including, without limitation, any Second Innings service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Second Innings or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Terms, you are hereby granted a limited, personal, revocable, non-exclusive, non- transferable, non-sublicensable license to access, view and make personal, non-commercial use of the Second Innings Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Second Innings Services or Content under these Terms, or any other rights thereto other than to use the Second Innings Services in accordance with the rights granted by, and subject to all terms, conditions, and restrictions of these Terms.

You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Second Innings Services or Content, (b) distribute, publicly perform or publicly display the Second Innings Services or any Content, (c) modify or otherwise make any derivative uses of the Second Innings Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Second Innings Services or Content, except as expressly permitted by us, (f) use the Second Innings Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others ’privacy rights or rights of publicity; (g) interfere with the Second Innings Services or servers or networks used in connection with the Second Innings Services; or (h) use the Second Innings Services or Content other than for their intended purposes.

Any use of the Second Innings Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Second Innings or any third party, whether by estoppel, implication or otherwise.

You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.

As part of the Second Innings Services, we may provide access to an AI-powered chatbot (“Chatbot”) designed to offer general information and support regarding relationship topics, emotional wellbeing, and similar personal matters. Use of the Chatbot is subject to this Agreement and our Privacy Policy, and we reserve the right to modify, suspend, or terminate the Chatbot at any time.

This Chatbot is for informational and entertainment purposes only and does not provide professional advice, including but not limited to medical, psychological, psychiatric, or therapeutic advice, diagnosis, or treatment. By using the Chatbot, you agree and acknowledge that: (a) the Chatbot is not a licensed therapist, counselor, medical provider, or mental health professional, (b) the Chatbot does not provide medical advice, mental health treatment, diagnosis, or therapeutic counseling, and (c) you should not rely on the Chatbot for decisions regarding your mental health, physical safety, relationships, or well- being. If you are experiencing a crisis, are in danger, or are considering self-harm or harm to others, you must immediately discontinue use of the Chatbot and contact emergency services (dial 911 in the United States) or a licensed professional. You may also contact the National Suicide Prevention Lifeline at 988 or the Crisis Text Line by texting HOME to 741741. To the maximum extent permitted by law, Second Innings is not liable for any harm or damages resulting from your use of or reliance on the Chatbot.

We do not monitor Chatbot conversations in real time and have no duty to do so. However, we may use automated systems to flag Content that appears to indicate a risk of harm, and we reserve the right to review or disclose flagged Content if we determine, in our sole discretion, that it is necessary to prevent serious harm or to comply with legal obligations. Any such disclosure will be made in accordance with applicable law and our Privacy Policy, and we will provide you with notice of such disclosure unless prohibited by law or unless providing notice would create a risk of harm. We may retain and review anonymized Chatbot conversations to improve service quality and ensure user safety, in accordance with our Privacy Policy.

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Second Innings Services (or any features or parts thereof) at any time with or without notice. You agree that Second Innings will not be liable to you or any third party for any modification, suspension, or discontinuation of the Second Innings Services.

The Second Innings logo, and any other Second Innings product or service names, trademarks, logos, or other indicia that may appear on the Second Innings Services (“Marks”) are the property of Second Innings or its subsidiaries, affiliates or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Second Innings Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Second Innings or such third party that may own such Marks.

Our Privacy Policy describes how we handle the personal information you provide to us when you use the Second Innings Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://secondinnings.app/privacy-policy.

You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) in connection with the Second Innings Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Second Innings Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Second Innings Services.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Second Innings Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Second Innings Services at your sole cost and expense.

We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Second Innings Services or to our pages or feeds on third-party social media platforms (e.g., Second Innings’ Facebook page, LinkedIn page or X formerly Twitter feed), you hereby grant Second Innings a nonexclusive, royalty-free, worldwide, perpetual (or for the maximum duration permitted by applicable law), and fully sublicensable and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights. Second Innings will only share personal information that you provide in accordance with our Privacy Policy.

You agree that Second Innings may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; (d) protecting the rights, property, or safety of Second Innings, its customers or the public; or (e) in connection with any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Second Innings, or the Second Innings Services (collectively,“Feedback”). Feedback shall become the sole property of Second Innings. Second Innings shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We have not reviewed all of the websites linked to the Second Innings Services and are not responsible for the content of any third-party pages, any other websites linked to the Second Innings Services, or any products or services offered by third parties. Nothing in the Second Innings Services, including, without limitation, any links to other websites, should be construed as an endorsement by Second Innings of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Second Innings reserves the right not to link, or to remove the link, to a particular website at any time.

Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Second Innings. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

In accordance with these Terms, you shall not use the Second Innings Services for any of the following prohibited purposes including but not limited to:

• Using Second Innings Services in a manner that unnecessarily takes up capacity, weakens the Second Innings Service’s performance, or poses a security threat.
• Introducing or attempting to introduce, computer viruses, Trojan horses, or other malicious code into the Second Innings Services.
• Sharing your password with another person to access the Second Innings Services.
• Using the Second Innings Services for any unlawful, harmful, fraudulent, deceptive, or misleading activity, including advertising or promoting illegal goods or services, or for any activity that violates applicable export controls, sanctions, or data protection laws.
• Using the Second Innings Services in any manner that infringes, misappropriates, or violates the intellectual property, privacy, publicity, or other rights of any person or entity. This includes uploading or sharing Content that you do not have the right to use.
• Using the Second Innings Services in a manner that harasses or violates the rights of others or by sending or receiving profane images or images depicting nudity of yourself or others.
• Using the Second Innings Services as a way to attempt to violate, or assist others in violating the security of the Second Innings Services, including by accessing or using accounts or data without authorization; probing, scanning, or testing the vulnerability of any system or network; breaching authentication or security measures; or interfering with or disrupting any user, host, or network.
• Using the Second Innings Services in a manner that would circumvent, disable, or otherwise interfere with features that enforce limitations or access controls, including rate limits, Content filters, or copyright protection mechanisms, or use the Second Innings Services in a manner intended to evade usage limits or fees.
• Using the Second Innings Services in a way to collect, harvest, mine, scrape, or index the Second Innings Services or its users ’data, including through automated means, without our prior written permission, nor may you use the Second Innings Services to collect or process sensitive personal data without appropriate legal basis and safeguards.
• Using the Second Innings Services in any capacity if you are under the age of eighteen (18) years of age.
• YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE PRECAUTIONS. YOU AGREE TO USE CAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OUTSIDE OF THE SECOND INNINGS OR MEET IN PERSON.

Violation of these Terms may result in Content removal, account suspension, access restrictions, termination, legal action, and/or reporting to authorities. We are not liable for any losses resulting from actions taken in good faith to enforce these Terms.

You shall indemnify, hold harmless, and, at Second Innings’ option, defend Second Innings and its affiliates, subsidiaries, officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, costs (including reasonable attorneys ’fees) (“Losses”) incurred by Second Innings or any indemnified party resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Second Innings Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Second Innings Services or any of its features. You further agree that Second Innings shall have sole control of the defense or settlement of any third-party claims unless Second Innings exercises its option to require you to defend Second Innings, in which case you shall cooperate fully with Second Innings. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Second Innings.

THE SECOND INNINGS SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SECOND INNINGS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SECOND INNINGS SERVICES; (B) CONTENT; (C) USER CONTENT; (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SECOND INNINGS SERVICES; OR (E) THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF THE SECOND INNINGS SERVICES, INCLUDING ANY CONTENT, INFORMATION, OR OUTPUT PROVIDED BY THE CHATBOT OR ANY AI-POWERED FEATURES. SECOND INNINGS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

SECOND INNINGS DOES NOT REPRESENT OR WARRANT THAT THE SECOND INNINGS SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SECOND INNINGS SERVICES OR THE SERVERS THAT MAKE THE SECOND INNINGS SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SECOND INNINGS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SECOND INNINGS SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SECOND INNINGS SERVICES IS AT YOUR SOLE RISK. SECOND INNINGS DOES NOT WARRANT THAT YOUR USE OF THE SECOND INNINGS SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. SECOND INNINGS SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SECOND INNINGS SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SECOND INNINGS SERVICES. YOU FURTHER ACKNOWLEDGE THAT SECOND INNINGS MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS, AND ACCESSING THE SERVICES FROM TERRITORIES WHERE THE CONTENT OR FUNCTIONALITY IS ILLEGAL IS PROHIBITED.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SECOND INNINGS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SECOND INNINGS SERVICES (INCLUDING, BUT NOT LIMITED TO, USER CONTENT AND LINKS TO THIRD-PARTY WEBSITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SECOND INNINGS, OR FROM EVENTS BEYOND SECOND INNINGS’S REASONABLE CONTROL), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SECOND INNINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SECOND INNINGS ARISING OUT OF OR IN ANY WAY RELATED TO THE SECOND INNINGS SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL AMOUNT PAID BY YOU TO SECOND INNINGS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SECOND INNINGS’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE REGARDING THIS WAIVER AND THAT YOU UNDERSTAND THE SIGNIFICANCE AND CONSEQUENCES OF THIS SPECIFIC WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SECOND INNINGS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US

YOU AND SECOND INNINGS AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SECOND INNINGS SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE CLAIM QUALIFIES.

Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Second Innings agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Second Innings further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association, and Second Innings will pay any filing fees in excess of the amount you would pay to file a lawsuit in court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. BY AGREEING TO ARBITRATION, YOU AND SECOND INNINGS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. You have the right to opt out of this arbitration provision by sending written notice to Second Innings at customercare@secondinnings.app within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. This arbitration provision shall survive termination of these Terms and the termination of your use of the Second Innings Services. Further, unless both you and Second Innings agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

REGARDLESS OF THE FORUM, YOU AND SECOND INNINGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Notwithstanding anything contained in these Terms, we reserve the right to terminate your right to access or use the Second Innings Services for violation of these Terms or applicable law, provided that we will provide you with reasonable notice (except in cases of suspected fraud, illegal activity, or threats to the security or integrity of the Second Innings Services). If your account is terminated for cause, we shall have no obligation to provide refunds. If we terminate your account without cause, you will be entitled to a pro- rata refund of any prepaid Subscription fees for the unused portion of your subscription period.

Second Innings operates the Second Innings Services from California, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of California, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in California shall not apply. Subject to the arbitration provisions in Section 14, to the extent litigation is permitted under these Terms, the parties agree that the state or federal courts located in the County of Los Angeles, California shall have jurisdiction over any such litigation, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts; provided, however, that nothing herein shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Second Innings at the following contact: shrey@secondinnings.app. Any notices to you may be made via either e-mail or postal mail to the address in Second Innings’ records or via posting on the Second Innings Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

If you believe in good faith that any of the Content on the Second Innings Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Second Innings Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Second Innings’ copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: SecondInnings.App
Attn: CEO
Address: 9206 Sunshine Pl
Downey, CA 90240
USA
Email: legal@secondinnings.app

Second Innings reserves the right, in its sole and absolute discretion, to modify, amend, or supplement these Terms, at any time and for any reason. Second Innings will provide users with written notice of any material modification at least thirty (30) days prior to the effective date of such modification. Notice may be provided by email, in-application notification, website posting, or any other reasonable method of communication selected by Second Innings. The effective date of any modification shall be stated in the notice. If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Second Innings Services and close your account prior to the effective date of the modification, in which case you will receive a pro-rata refund of any prepaid Subscription fees for the unused portion of your subscription period. Continued access to or use of the Second Innings Services by users after the expiration of the thirty (30)-day notice period shall constitute the user’s full and binding acceptance of the modified terms, without the need for further affirmative action or execution. If a user does not agree to the modified terms, user’s sole remedy is to discontinue use of the Second Innings Services and close their account prior to the effective date of the modification. All modifications shall automatically become part of and be incorporated into these Terms as of their stated effective date.

Your use of the Second Innings Services are also subject to our Privacy Policy, which describes how we collect, use, share, and safeguard information. Please review the Privacy Policy to understand our data practices.

The Second Innings Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Second Innings relating to your access to and use of the Second Innings Services. These Terms, and any rights granted hereunder, may not be transferred, or assigned by you without the prior written consent of Second Innings. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Second Innings’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Account Termination

• You can delete your account at any time by logging into your account on the Second Innings Services and following the instructions to terminate your account. However, you will need to cancel or manage any external service purchases through your external service account (e.g., Apple/iOS App Store, Google Play) to avoid additional billing.
• We reserve the right to investigate and, if appropriate, suspend or terminate your account if you have materially violated the Terms, misused the Second Innings Services, or engaged in unlawful conduct. If we terminate your account for material breach, you will not be entitled to a refund of prepaid fees. We will provide you with notice and an opportunity to cure any alleged violation (except in cases of fraud, illegal activity, or immediate threats to the security or integrity of the Second Inning Services) before terminating your account. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Second Innings Services.
• If your account is terminated by you, you will not be entitled to a refund for purchases made unless you terminate within any applicable cancellation period. Certain provisions of the Terms that by their nature should survive termination shall continue and remain enforceable between you and Second Innings, including but not limited to provisions regarding intellectual property, indemnification, limitation of liability, and dispute resolution. Your information will be maintained and deleted in accordance with our Privacy Policy. You acknowledge and agree that, except as expressly provided in these Terms or required by applicable law, in such event we shall have no further liability or obligation to you beyond any applicable refund rights.

Taking a Break!

• As an alternative to account deletion, Second Innings offers a temporary pause feature called “Taking a Break!” When you activate the “Taking a Break!” feature:
  • You will not receive in-app notifications, marketing emails, new messages, match suggestions, or other communications from Second Innings.
  • Your profile will not be shown to other users and will be functionally inactive.
  • Your Subscription (if any) will remain active until the end of your current billing cycle, but (a) it will not automatically renew after that cycle ends and (b) you will not receive any prorated or partial refunds for unused time.
  • While paused, your account remains in good standing and may be reactivated at any time by logging back in and disabling the pause feature.
  • “Taking a Break!” is intended to provide users with a low-pressure alternative to full account deletion. By using this feature, you agree to remain bound by these Terms and our Privacy Policy, and your account data will be retained during the pause period.

From time to time, Second Innings may offer users promotional credits (“Credits”) that can be used solely within the Second Innings Services to access certain features, Subscriptions, or add-on services. Credits may be offered as part of marketing campaigns, referral programs, customer service gestures, or other promotional efforts at our discretion. Credits have no cash value, are non-transferable, and cannot be exchanged or redeemed for any form of monetary payment. Credits do not constitute a stored value, electronic money, or property of any kind. They are promotional in nature and provided without the exchange of money or other consideration. Second Innings reserves the right to expire, revoke, modify, or discontinue any Credits upon reasonable notice to users, provided that Credits that have been issued and not yet expired will be honored for their stated term unless revoked for fraud, abuse, or violation of these Terms. Use of Credits is subject to the terms and conditions applicable to the features or services to which the Credits are applied. By accepting or using Credits, you agree that they are provided as-is, with no warranties, and that Second Innings has no obligation to replace or honor unused Credits after their expiration or revocation.

Second Innings may make available certain fee-based Content, functionalities, features, and/or other e- commerce services on and/or in connection with the Second Innings Services or through third-party service providers (“Premium Services”). Prices for Premium Services will be specified on the Second Innings Services. Users agree to pay all amounts due in accordance with the payment terms in effect when purchasing Premium Services, including any applicable taxes and service, transaction, or processing fees. All transactions are in U.S. dollars (USD) unless otherwise specified at the point of payment.

You acknowledge and agree that certain Premium Services may utilize third-party service providers. You further acknowledge and agree that Second Innings does not operate, own, or control any third-party payment processors. Use of your payment information is governed by your agreements with, and the privacy policies of, the payment processors, not this Agreement. You agree to immediately notify payment processors of any change to billing details or other information for your payment card(s).

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used Subscriptions (as defined herein), except if the laws applicable in your jurisdiction provide for refunds.

You agree that you will not make unjustified requests for a refund from Second Innings, any payment processor, or any payment card provider in relation to any transaction through the Second Innings Services. If we determine that a user’s request for a refund or chargeback request was made in bad faith, we reserve the right to suspend or delete that user’s account.

We may suspend or terminate access to the Second Innings Services, including Premium Services, for any account on which any amount is due but unpaid. In addition to the amount due for the Premium Services, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.

Second Innings is not responsible and has no liability whatsoever for goods or services that users may obtain through third-party service providers or other websites or web pages. Second Innings encourages users to take all necessary or appropriate measures before proceeding with any online transaction with any of these third parties.

Some Premium Services may be billed on a subscription basis (“Subscriptions”), and some Subscriptions may be automatically-renewing. IF YOU PURCHASE AN AUTOMATICALLY-RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD AT SECOND INNINGS’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS, UNLESS YOU CANCEL YOUR SUBSCRIPTION OR YOU PAUSE YOUR ACCOUNT AS SET FORTH IN SECTION 24 OF THESE TERMS. To avoid charges for a new Subscription period, you must cancel or pause, as described below, forty-eight (48) hours before the end of the then-current Subscription period. Deleting your account or deleting the Second Innings Services from your device does not cancel your Subscription. If you cancel your Subscription, you will continue to have access to your Subscription benefits until the end of your Subscription period, at which point it will expire.

Users may cancel Subscriptions, as well as payments in connection with Subscriptions, at any time. Termination of a Subscription takes effect in the subsequent (not current) term for that Subscription. Once a Subscription has been canceled, the canceling user’s access to the Subscription and associated features will terminate at the end of the term or cycle during which the cancellation was initiated. Users will not be entitled to a refund for any Subscription-based offerings in the Second Innings Services.

If you sign up for a free trial and do not cancel, your trial may convert into a paid Subscription, and your payment method will be charged at the then-current price for such Subscription. Once your free trial converts to a paid Subscription, your paid Subscription will continue to automatically renew at the end of each period, and your payment method will be charged, until you cancel. To avoid charges at the conclusion of a free trial period, you must cancel before the end of the then-current free trial period. Deleting your account or deleting the Second Innings Services from your device do not cancel your free trial.

For users residing in New York:

Upon notice in writing and delivered to Second Innings, Inc., 9206 Sunshine Place, Downey, CA 90240, users may place any Subscriptions on hold for up to one year. How your information is used and how you may access your information is set forth in our Privacy Policy.

For users residing in New York:

You may cancel any Subscriptions, without penalty or obligation, at any time prior to midnight of the third business day following the date on which you subscribed (the “Cancellation Period”). If you subscribed using an external service (such as the Apple App Store or Google Play Store), you must cancel through that external service’s cancellation process, and the cancellation terms of that external service will apply.

If you subscribed through your Apple ID, refunds are handled by Apple, not Second Innings. If you subscribed through Google Play, refunds are handled by Google, not Second Innings. You can request a refund from Apple through your Apple ID account on your phone or at https://getsupport.apple.com.

All other users may request a refund during the Cancellation Period by contacting Second Innings ’customer service department at customercare@secondinnings.app, or by mailing or delivering a signed and dated notice stating that you (the buyer) are canceling this agreement, or words of similar effect. Please also include your name and the email address, phone number, or other unique identifier that you may have used to create your account. This notice should be sent to: Second Innings, Inc., ATTN: Cancellations, 9206 Sunshine Place, Downey, CA 90240.

You may have these Terms e-mailed to you by sending a letter to Terms Inquiries at 9206 Sunshine Place, Downey, CA 90240, or by emailing customercare@secondinnings.app.

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

For users residing in Arizona, Colorado, Connecticut, Illinois, Iowa, Minnesota, Ohio, Rhode Island, and Wisconsin:

Your Right to Cancel - You may cancel any subscriptions, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your Subscription period, your estate will be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your death, upon providing Second Innings with reasonable documentation of death (such as a death certificate) and proof of authority to act on behalf of the estate. In the event that you become disabled and are unable to use the Second Innings Services before the end of your Subscription period, you will be entitled to a refund of that portion of any payment you had made for your Subscription which is allocable to the period after your disability by providing Second Innings notice at: Second Innings, Inc., ATTN: Cancellations, 9206 Sunshine Place, Downey, CA 90240.

For users residing in Germany:

You may terminate your Subscription after it has renewed with a notice period of one month. This notice should be sent to: Second Innings, Inc., ATTN: Cancellations, 9206 Sunshine Place, Downey, CA 90240. Your right to terminate for cause remains unaffected. All subscriptions and purchases can be managed through your application store and settings in Apple and Google.

For users residing in the EU or European Economic Area:

In accordance with the EU Consumer Rights Directive, you are entitled to withdraw from your Subscription and receive a full refund within fourteen (14) days after the Subscription begins, provided you have not waived this right by beginning to use the Services with your express consent. Please note that this 14-day period commences when the Subscription starts.

Second Innings does not tolerate inappropriate Content or behavior on the Second Innings Services. We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate Content or misconduct on the Second Innings Services. We may also take action regarding conduct that occurs off the Second Innings Services if such conduct violates applicable law or poses a direct threat to the safety of our users, as determined by Second Innings in its sole discretion.

We encourage you to report any inappropriate Content or misconduct by users. You can report a user directly through the “Report User” link on a user’s profile or in the messaging experience. You may also email customer support at customercare@secondinnings.app.

Upon receiving a report, Second Innings will investigate and take appropriate action, which may include warning, suspending, or terminating the reported user’s account. Second Innings reserves the right to take any action it deems appropriate in its sole discretion, and decisions regarding Content moderation and user conduct are final.