Legal Question in Consumer Law in California

Thank you for taking my question.

Recently I had joined a dating site. And had expected a number of emails that appeared in my account prior prior to subscribing. After I had joined the service some of the emails had disappeared. Besides that the service wasn't what I had expected.

I had read the Terms and Conditions which states:

"If You cancel Your subscription, You are NOT eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If You have pre-paid for a certain period of services (for example if You paid a lump sum for 6 months of service), You are NOT eligible for a prorated refund of any portion of the pre-paid amount UPON cancellation."

I had contacted tech support about it's issues and misrepresenting its service (i.e. emails that had disappeared) and they wouldn't budge with their non refund policy.

I was wondering if I took them to small claims would I have a case due to their lack of service, and what seems like false emails.

I just want a refund of my membership fees since I live in California shouldn't consumers have a 3 day cooling period that allows for them to receive a refund if they notify the merchant in a timely manner.

Thank you for assisting in this matter.

1 Answer from Attorneys

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