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Use of AFF is governed by the site's Terms of Use ("Terms"). AFF has updated its Terms at various times, including in July 2002, October 2009, and November 2011. at 9-10, to the extent they are valid, are mooted by Mr. Throughout this time, Plaintiff provided personal information to AFF, including his name, address, credit card numbers, and photos.

As discussed in more detail in the discussion section below, the Court assumes that, during the relevant time period, users did not have to explicitly agree to the Terms in order to register for or use the site, but that the Terms were readily accessible to users throughout the site. Plaintiff's objections to the paragraphs in and exhibits to the Buckheit Declaration cited in this section, see Opp. He also made 39 credit card transactions on the site during this time.

As of January 17, 2010, Friend Finder Networks had a negative net worth equal to 8 million, million in cash on hand and 0 million in liabilities.

The company had also indicated that it lacked existing cash or cash from operations to repay a .5 million debt that was due July 31.

Defendant Friend Finder Networks, Inc.'s wholly-owned subsidiary owns and operates the website Adult Friend Finder ("AFF"), an adult online dating site.

Users of the website are required to register in order to use the site but otherwise may use the website for free.

It has cautioned that, unless it can repay or restructure its obligation, it will face “a material deficiency in our short term liquidity.” With these shortfalls in mind, the company again announced an intention to make an initial public offering of stock, representing a 49% stake in the company, with plans to use the proceeds to pay down its debt and become listed on the New York Stock Exchange.

The contemplated public offering, scheduled to reach the market on January 27, 2010 was delayed by FFN.

When it applies, the FAA preempts state laws that conflict with its provisions or obstruct its objective to enforce valid arbitration agreements.

After discovering that users had been using the service to seek sexual partners, he launched Adult Friend Finder as a spin-off, followed later by other spin-offs dealing with different regions and niches.

Much of the company's growth without investment capital has been attributed to its affiliate program, with more than 500,000 affiliates to date.

However, users can pay for certain upgrades or to access certain services. Plaintiff Alejandro Gutierrez is a long time user of AFF. ¶ 13, and Defendant's records indicate he registered on July 24, 2003, Buckheit Decl. Plaintiff continued to use the site until at least September 6, 2018.

As part of the registration process, AFF collects users' personal information, including names and email addresses, billing information, and other content the users might submit. Buckheit's averments in his Supplemental Declaration, ECF 34-2. "In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, and enforce them according to their terms." Concepcion, 563 U. "[W]here a contract contains an arbitration clause," moreover, "courts apply a presumption in favor of arbitrability . Although section four of the FAA provides for the filing of a motion to compel arbitration, courts have held that a motion to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction "is a procedurally sufficient mechanism to enforce [an] [a]rbitration [p]rovision." GT Sec., Inc.



Adult FriendFinder is an internet-based, adult-oriented social network, online dating service and swinger personals community website, founded by Andrew Conru in 1996. In 2007 AFF was one of the 100 most popular sites in the United States; its competitors include sites such as… continue reading »


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Adult Friend Finder is the best sex dating site for all adult singles seeking some action. Free sex chat and live sex cams to hooking up offline for casual sex. Sign up now to find local adult matches!… continue reading »


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