By submitting an application with Matchmakers In The City, you are bound by the below agreement pertaining to whatever membership you decide to sign up for.
Client (applicant) will pay his/her first payment depending on his/her personal payment plan at the follow-up appointment before his/her Best Match Interview (BMI). Cancellation: Matchmakers In The City must have written confirmation from the Client at least 48 hours before any Matchmakers In The City event in a Club Membership; everything is booked. If Matchmakers In The City does not receive confirmation before then, Matchmakers In The City will cancel the date, BMP, or Date Coaching Session, and the Client will forfeit her/his event. You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract OR the date that you have submitted your payment, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: “Matchmakers In The City, 11620 Wilshidre Blvd. Suite 900, Los Angeles, CA 90025”(a)If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (3).(1)If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative.(2)"Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to the seller.(3)If the physician determines that the duration of the disability will be less than six months, the seller may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.(b)If the buyer relocates his or her primary residence further than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer. A buyer who elects to be relieved of further obligation pursuant to this subdivision may be charged a predetermined fee not to exceed one hundred dollars ($100) or, if more than half the life of the contract has expired, a predetermined fee not to exceed fifty dollars ($50).The undersigned agree to the Matchmakers In The City Membership Contract terms and conditions, Client Dating Guidelines, and Company Policies.
2 You may simply browse the Site, or you may register with Matchmakers In The City and create an "Account". You must, however, only provide us with true, accurate, current and complete information for your Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).
• Registration. If you set up an Account, you are required to provide your name and email address and select a password (collectively, your "Account Information"), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all activities that occur under or in connection with the Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms. In no event and under no circumstances will Matchmakers In The City be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Matchmakers In The City under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You agree you will only post photographs through your Account that have been taken in the previous two (2) years.
• SNS Accounts. You may also enable access to your Account through a social networking service ("SNS") by linking your Account with account on such SNS ("Third-Party Accounts"), by allowing Matchmakers In The City to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Matchmakers In The City access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Matchmakers In The City to pay any fees or making Matchmakers In The City subject to any usage limitations imposed by such third-party service providers. By granting Matchmakers In The City access to any Third-Party Accounts, you understand that Matchmakers In The City may access, make available and store (if applicable) Content (defined below) that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Services via your Account. Unless otherwise specified in the Terms, all SNS Content shall be considered to be your Content. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site or Servivces. Please note that if a Third-Party Account or associated service becomes unavailable or Matchmakers In The City's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available to Matchmakers In The City. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Matchmakers In The City DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Matchmakers In The City makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Matchmakers In The City is not responsible for any SNS Content.
5 Through our Site, you may provide personal information for us to use in our offline matchmaking services ("Matching"). We do not offer Matching on the Site. By providing such personal information, you hereby authorize us to disclose this information to our clients.
• Criminal History. By registering to use the Matching, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Matchmakers In The City reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this section. However, as a matter of practice, Matchmakers In The City does not conduct background checks.
• Matching Criteria. Matching requires your completion of a registration questionnaire. We do not guarantee that the Matching will provide any matches at all or that you will ever be contacted as a result of the Matching. All Matching and other information provided through the Services is for informational and entertainment purposes only. Your use of the Services must be for bona fide-relationship-seeking purposes in order to maintain the integrity of the Matching.
• Marital Status. By requesting to receive matches from the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Services.
• Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You are solely responsible for your interactions with other Matchmakers In The City users. You understand that Matchmakers In The City makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet as a result of or through Matchmakers In The City. You agree to take all necessary precautions when meeting such individuals. When we say "other Matchmakers In The City users", we mean any person you may meet as a result of your use of Matchmakers In The City, whether at a Matchmakers In The City event or through a potential match set up by Matchmakers In The City. You will promptly report to Matchmakers In The City any violation of the Terms by others, including but not limited to, other Matchmakers In The City users.
• No Harassment of Matchmakers In The City Employees or Agents. You will not harass, annoy, intimidate or threaten any Matchmakers In The City employees or agents engaged in providing any portion of the Services to you.
• YOUR INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER Matchmakers In The City USERS. YOU UNDERSTAND THAT Matchmakers In The City CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. Matchmakers In The City ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. Matchmakers In The City MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS CLIENTS OR USERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. Matchmakers In The City RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL Matchmakers In The City 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 SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER Matchmakers In The City USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT Matchmakers In The City MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF Matchmakers In The City. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
8 RULES REGARDING INFORMATION AND OTHER CONTENT.
9 When you access the Site and/or Services, you obtain access to various kinds of images, video, audio, data, and other information and materials, all of which we call "Content." You agree not to revise Content posted by others, and you represent and warrant that you will not provide, submit, make available to Matchmakers In The City, or use any Content in any manner that:
• Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others
• Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation
• Is false or inaccurate or becomes false or inaccurate at any time
• Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
• Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others
• Misrepresents your identity in any way
• Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Advocates or encourages any illegal activity
• Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers
You hereby grant (and you represent and warrant that you have the right to grant) to Matchmakers In The City an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit any Content you provide, submit, or make available to Matchmakers In The City, and to grant sublicenses of the foregoing rights, solely for Matchmakers In The City's business purposes. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content.
11 General Rules of User Conduct.
12 It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
• Conduct or promote any illegal activities while using the Site or Services
• Upload, distribute or print anything that may be harmful to minors
• Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site
• Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code
• Use the Site or Services to generate unsolicited email advertisements or spam
• Use the Site or Services to stalk, harass or harm another individual
• Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts)
• Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services
• Use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the Site or the Content contained on any such web page for commercial use without our prior express written permission
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
• Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages
14 In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our Site and Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
15 MODIFICATIONS TO THE SITE OR SERVICES.
16 We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. You may need to update third-party software from time to time in order to use the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
17 THIRD PARTY CONTENT AND OTHER WEBSITES.
19 DISCLAIMER OF WARRANTIES.
21 LIMITATION OF LIABILITY.
22 YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO TEN DOLLARS (U.S. $10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances WILL WE or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
25 Electronic Communications.
27 INTERNATIONAL USERS.
28 The Services are for use in the United States only. The Site can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that Matchmakers In The City intends to announce such services in your country. The Site and Services are controlled and offered by Matchmakers In The City from its facilities in the United States of America. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
• Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Matchmakers In The City's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
• Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with Matchmakers In The City and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
• Applicability of Arbitration Agreement. All claims and disputes in connection with these Terms or the use of any Service that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Matchmakers In The City, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
• Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case the hearing will be held in Los Angeles, unless the parties agree otherwise). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
• Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Matchmakers In The City, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Matchmakers In The City.
• Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Matchmakers In The City in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Matchmakers In The City WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
• Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CONTRIBUTOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CONTRIBUTOR. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
• Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law.. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
• Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
• Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
• Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Matchmakers In The City.
• Small Claims Court. Notwithstanding the foregoing, either you or Matchmakers In The City may bring an individual action in small claims court.
• Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California, for such purpose.
• Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
• Choice of Language. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. C'est law volone expresse des parties que la presente convention ainsi que les documents qui s'y rattacent soient rediges en anglais.
• Export Control. You may not use, export, import, or transfer any Matchmakers In The City materials except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Matchmakers In The City materials, and any other applicable laws. In particular, but without limitation, the Matchmakers In The City materials may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Matchmakers In The City materials, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Matchmakers In The City materials for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that services or technology provided by Matchmakers In The City are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Matchmakers In The City services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
• Release. You hereby release the Matchmakers In The City Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site and/or Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Site and/or Services. If you are a California resident, you hereby waive 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
• Disclosures. Matchmakers In The City is located at the address in Section 15(i). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
• Force Majeure. Matchmakers In The City shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
• Compliance. If you believe that Matchmakers In The City has not adhered to the Terms, please contact Matchmakers In The City by emailing us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
• Notice. Where Matchmakers In The City requires that you provide an e-mail address, you are responsible for providing Matchmakers In The City with your most current e-mail address. In the event that the last e-mail address you provided to Matchmakers In The City is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Matchmakers In The City's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Matchmakers In The City at the following address: Matchmakers In The City, 11620 Wilshire Blvd., Los Angeles, CA 90025, Attention: Legal Department. Such notice shall be deemed given when received by Matchmakers In The City by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
• Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
• Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
• Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
LAST UPDATED: January 1, 2020
So we are clear on the terminology we use, "Personal Information" means contact information (e.g., your name, address, email address, and/or telephone number) and any other non-public information that is used or intended to be used to personally identify an individual, and any other non-public information that is associated with that information. "Anonymous Information" means information that is not used or intended to be used to personally identify an individual.
The Site and Services are not directed to children and children are not eligible to use our Services. Protecting the privacy of children is very important to us. We do not collect Personal Information from people we actually know are under 18 years of age. If we later learn that a user is under 18 years of age, we will take steps to prevent the user from utilizing the Site and the Services.
You are not required to provide any Personal Information to use our Site or Services. We only collect Personal Information that you submit to us voluntarily. For example, if you communicate with us through our Site or by sending us an email, we may collect and store any information that is contained in your communications with us. In general, the Personal Information we gather enables us to provide services to you.
To create an "Account" with a user name, we require that you provide certain Personal Information, including your name and email address. You are not required to have an Account to use our Site or Services.
When you register for our events and/or purchase tickets through the Services, we will collect all information necessary to process the transaction (though some of this information may go directly to our payment provider, event sponsor or venue host).
If you participate in a contest or giveaway with us, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These contests are voluntary. We recommend that you read the rules for each contest that you enter.
We collect the following types of Anonymous Information:
Information Collected by Our Servers. Our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, clickstream data, and a date/time stamp for your visit.
Disclosure – Third Party Cookies
Use of Information
We will use your Personal Information to:
• Administer your Account
• Provide you with services and customer support
• Market to you our products and services (and those of third parties) that we believe may interest you
• Respond to your requests, resolve disputes and/or troubleshoot problems
• Improve the quality of the Site and the Services
• Communicate with you about the Site and the Services
We may also use your Personal Information to create Anonymous Information records by excluding information that makes the information personally identifiable to you.
We will communicate with you primarily in the form of emails. You can manage the frequency and/or opt out of receiving these communications by clicking the "Unsubscribe" link at the bottom of each email. Please note that even if you unsubscribe or opt-out, we may still send you Site and Services related communications (e.g., emails related to your usage of the Site).
Disclosure of Information
As you know, the purpose of our Services is to connect you with other people. By submitting Personal Information, you authorize us to share your Personal Information with other Matchmakers In The City users as part of our matchmaking services.
In addition, we may disclose certain Personal Information:
• To third party vendors who help us provide the Services or the Site
• If you register for a Matchmakers In The City event, to any host or venue of an event we sponsor
• To third parties to whom you ask us to send Personal Information, including as set forth above
We may disclose Anonymous Information without restriction.
Accessing and Controlling your Information.
Information Disclosed to Third Parties
The Site or Services may contain links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Site or Services and go to another site. During this process, another entity may collect Personal Information or Anonymous Information from you.
Member Dating Guidelines
1. Spend at most 2 hours on your date.
2. Only consume a maximum of 2 drinks per date.
3. At the minimum, no consummation until monogamy.
4. Turn your phone off during the date, and put it away.
5. Do not talk about former relationships on a date, and save deep personal matters for later.
6. If a Dater contacts you, respond within 24 hours.
Our goal is for every date to be enjoyable for both parties, filled with questions, laughter, and enthusiastic interest in getting to know the other person, whether or not you see a future with that individual. We thank you in advance for understanding that while you may not find a long-lasting relationship with every person who you meet, you can still have a fun-filled evening meeting someone new.
Please keep in mind that we receive detailed feedback and take it into consideration when matchmaking you in the future. Thank you for your openness to this unique, old-school experience.
A Matchmakers In The City date is an opportunity for a purely enjoyable experience, with the possibility of romantically connecting with a quality person.
If there is any negative feedback from the Client that the Dater used the date for business purposes or any other unethical motive, the Dater will be automatically removed from the database and charged for the date.
If a Client contacts you, you must respond within 24 hours, otherwise we will remove you from the database.
RELEASE OF LIABILITY
In consideration of the date I will receive and for being allowed to participate in the activities of Matchmakers In The City LLC or the Matchmakers, Alessandra Conti and Cristina Conti, I do hereby WAIVE, RELEASE, FOREVER DISCHARGE and COVENANT NOT TO SUE the aforementioned parties, owners or operators of the facility, their agents, representatives, employees, contractors, affiliated and guest instructors, members, students, participants, associations or member organizations, or any subdivisions thereof, executors and all others acting on their behalf, in addition to owners and lessees of the premises used to conduct the activities, all for the purposes herein referred to as “RELEASED”, from any and all responsibilities or liability for any and all injuries or damages, and any claims or demands therefore on account of injury to person or property or resulting in death arising out of or resulting from my participation in any activities or my use of the facilities and equipment.
I further agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage or cost they may incur, by reason of liability imposed by law, including attorney’s fees, because of personal injury or property damage, or resulting in death, arising out of or related to the instruction I receive, my participation in activities, and/or from the use of the facilities and equipment.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
This Policy was last revised: January 1, 2021