Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“Organizer” means any User of the Service who organizes events, activities, interest groups, discussions, or other associated items as part of their use of the Service;
“Platform” refers to our website (www.stitch.net) along with any other website, application, or service we provide;
“Service” refers to the services that we provide through our Site, including our Site itself;
“Site” refers to our website (www.stitch.net) along with any other website, application, or service we provide;
“Stitch” refers to our company, “Stitch Connect, Inc.” and any associated subsidiaries or parent companies; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Stitch Parties” refers to Stitch, its officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners;
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Stitch.
3. Description of Service
Stitch is a membership-based community for adults over 50 seeking companionship. Our Site helps our members meet and communicate with other members based on their interests, activities, and locations.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Stitch, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- You must be at least 50 years of age.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service and maintain the integrity of our Service. Without limiting the generality of the foregoing, this may include providing us with a photograph of your credit card and acceptable photo identification so that we may verify your identity using credit or other background checks.
4. Nature of Service
Although Stitch may take measures to verify the identities of its Users, you agree that we are under no obligation to do so. Additionally, Stitch makes no representations or warranties about the safety of meeting any User, and you agree to hold Stitch harmless for any losses incurred by you relating to the acts or omissions of any of its Users.
Stitch will from time to time show that some members are also members of other services, such as SilverSneakers®. SilverSneakers® community events are not organized, sponsored or endorsed by Tivity Health, Inc., its subsidiaries or affiliates.
6. Rules of Use
You must not:
- Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Stitch.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Stitch Site, Service, or its Users’ computers.
- Do anything else which could bring Stitch into disrepute or violate the rights of any person.
- Comply at all times with the Stitch Community Rules & Guidelines, which can be found at https://stitch.net/community-guidelines
6.1 Accurate Representation
6.2 Authorized Use
You agree that any and all use of Services is: (a) compliant to the terms in this Agreement; (b) only for the intended purposes permitted and described in Services-related documentation; and (c) only as permitted by applicable laws and regulations of relevant jurisdictions of Stitch and your use location.
6.3 Allowable Access
You agree to access any Services only through the means intended by Stitch. Access is not allowed through automated processes, including, yet not limited to, robots, scripts, web crawlers, or any other manual or automated process which disrupts normal operation of Services.
6.4 Restriction of Use
Stitch may restrict your access to any or all Services if: (a) you have breached, or demonstrate inability to comply with, any of the conditions of the Agreement; (b) Stitch is required to do so by law; (c) Stitch is prevented from continuing service through a partner which is enabling Services; or (d) any part or whole of the Services is discontinued by Stitch e) If you have a criminal record we deem unfit for Stitch membership, including but not limited to sexual offender convictions, identity theft, and fraud.
7.1 Stitch and Third Party Content (“Services Content”)
You acknowledge that Services Content may be protected by intellectual property rights which are owned by the providers of this content. This includes Stitch and third-party providers. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this content unless you receive separate, written consent from the owners of the Services Content. Stitch is not responsible for Services Content not directly owned by Stitch, nor are we responsible for content accessed through links provided on our Services.
7.2 Subscriber Content
Stitch does not actively monitor content shared between users; e-mailed content is processed through a secure, automated process designed to protect your personal communications. You agree that you are solely responsible for any content you generate and share (“Subscriber Content”) through Stitch Services, including, yet not limited to, intellectual property ownership and compliance with all applicable laws, regulations, and guidelines of relevant jurisdictions of Stitch and your use location. You retain copyright and other rights you already hold, and are entitled to by law, for your Subscriber Content.
Where Subscriber Content is shared on public-access portions of our Services (e.g. Public discussion forums on our web page), you also agree that you are also solely responsible and liable (and Stitch is expressly not liable) for all content you contribute.
You agree that Stitch has the right to remove any content you post which violates the Stitch Community Rules & Guidelines or these Terms of Service, and that Stitch has the right to cancel your account without notice if you are found to violate or otherwise contravene these rules. Stitch will remove any content which, upon review, it determines to have violated these terms, within 24 hours of receiving reports of such content.
8. INTELLECTUAL PROPERTY
This Agreement does not transfer from Stitch to you any Stitch trademarks or third party intellectual property. Other trademarks, service marks, graphics, and logos used with Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Stitch or third-party trademarks.
You agree not (a) use any Confidential Information to create any software or documentation that is similar to the Services, (b) disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying structures, ideas or algorithms of the Services, (c) encumber, lease, rent, loan, sublicense, transfer or distribute any Services, (d) copy, adapt, merge, create derivative works of, translate, localize, port or otherwise modify any Services, (e) use the Services in an automated process, or (f) permit any third party to engage in any of the foregoing proscribed acts. Licensee shall not use the Services for the benefit of any third party (e.g., time-share or service bureau arrangement) without Licensor’s prior written consent, at its discretion.
8.3 No Implied License
Except for the limited rights and license expressly granted hereunder, no other license is granted, no other use is permitted and Stitch shall retain all right, title and interest in and to the Services (and all patent rights, copyright rights, trade secret rights and all other intellectual property and proprietary rights embodied therein).
8.4 Our Copyright
Stitch relies on its content to distinguish itself from its competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
8.5 Your Copyright
Stitch must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
9. Payment and Refunds
Payment can be made by means of credit card and, at our discretion, PayPal. Unless otherwise stated, all prices are listed in United States dollars.
We will refund Users for services or subscriptions that they purchase accidentally (by clicking upgrade), if such Users notify us of the accidental subscription within seven days of purchasing the upgrade. Other refunds may be available at our discretion.
Additional terms surrounding payments, pricing, and refunds may be posted on our Site or communicated by us to you directly and are hereby incorporated into this Agreement by reference.
Stitch may, but is not obligated to, provide compensation for referrals to the Stitch Service, or for any other reason. The discounts provided will be made according to the information published on our Site, and if any information is conflicting, the terms most beneficial to Stitch shall take effect.
Stitch may refuse to honor such referrals, as well as any coupons we make available, for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Payments for referrals or other financial benefits given in reward for referring Users to us may be considered a taxable benefit by any revenue agency having jurisdiction over you, and you should consult an accountant and/or tax attorney in your jurisdiction to determine your tax liabilities incurred as a result of participating in our referral program.
11. Chargebacks, Credit Card Cancellations, and PayPal Disputes
Where a User conducts a chargeback or PayPal dispute against Stitch, such User shall be liable to Stitch for the full amount of such chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Stitch in its enforcement of its rights under this section.
In the event that a credit card is declined for any reason, Stitch shall be entitled to delete your account and any data associated with it without notice to you. Without prejudice to Stitch’s rights under this paragraph, Stitch may first attempt to notify you to permit you to attempt to correct the payment issue before we take such actions.
“Stitch” is a trademark used by Stitch to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing business.
13. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. Warranties, Liability & Assumption of Risks
14.2 Representations & Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
You agree that we are not responsible for the acts or omissions of any other user.
You agree that we are not responsible for any failure on the part of a payment processor, including Paypal or the credit card company or bank that you use to fund paypal, to direct payments to the correct destination, or any actions on their part in placing a hold on your funds.
You agree that we are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the first paragraph of this section.
14.3 Limitation of Liability
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California Civil Code Section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.
You agree to defend, indemnify and hold Stitch and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Stitch’s collection and remission of taxes; and (e) if you are an Organizer, your events (including where Stitch has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Stitch’s gross negligence or willful misconduct. Stitch will provide notice to you of any such Claim, provided that the failure or delay by Stitch in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Stitch may choose to handle the Claim ourselves, in which case you agree to cooperate with Stitch in any way we request.
16. Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.
17. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the lowest civil court of competent jurisdiction in the State of California (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
18. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Stitch shall have the sole right to elect which provision remains in force.
Stitch reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
21. Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
22. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you access our Service and your continued use of our Service shall constitute your acceptance of any such amendments.
24. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Stitch must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to .
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: March 24, 2021