b. Electronic Form. By accessing the Members' Lounge, You consent to have this Agreement provided to You in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You electronically accept the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to email@example.com or a letter and self-addressed stamped envelope to: Master Matchmakers, 6231 PGA Blvd., 104-244, Palm Beach Gardens, FL 33418.
d. Withdrawing Your Consent. You have the right at any time to withdraw Your consent to have this Agreement provided to You in electronic form.
i. Effect. Should You choose to withdraw Your consent to have this Agreement provided to You in electronic form, we will discontinue Your then-current username and password. This means that You will not have the right to use the Members' Lounge unless, and until, we issue You a new username and password or reactivate Your old ones. We only will issue You a new username and password or reactivate Your old ones after we receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request.
ii. Notice. To withdraw Your consent and/or request a non-electronic copy of this Agreement, please send an email to firstname.lastname@example.org or a letter and self-addressed stamped envelope to: Master Matchmakers, 6231 PGA Blvd., 104-244, Palm Beach Gardens, FL 33418.
iii. Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive Your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, You prior to the effective date of Your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, You must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program. Via, the Members' Lounge, we will notify You of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that You will not be able to continue to access and/or retain this electronic Agreement.
2. Eligibility. You must be at least twenty one (21) years of age and single, divorced, widowed or separated from Your spouse to be a Client or Member of Master Matchmakers. Involvement in the Members' Lounge is void where prohibited. By using the Members' Lounge, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Qualification. Master Matchmakers will confirm the identity of its Members and Clients and perform a National felony criminal record and Sex Offender record search in all States except for certain limitations in WY, MA, SD, DE, CO, ND, HI and VT. Master Matchmakers determines its other qualifications in its sole discretion.
4. Involvement. You may become a Member of Master Matchmakers without retaining "Matchmaking Services" of Master Matchmakers ("Matchmaking Services" include but are not limited to facilitation of introductions, time spent working directly or indirectly on Client's behalf, producing general advertising and marketing necessary to attract suitable individuals for personal introductions to the Client, personal consulting/coaching, various relationship management and dating counseling services, image counseling, dating etiquette and other self-improvement consulting, and for the time, effort and reasonable expense to maintain the Client's file). As a Member You will have the ability to access the Members' Lounge to update Your personal information and profile, receive and respond to communications from Master Matchmakers, update Your photo, manage Your account and access the Members' Lounge.
5. Membership and Pricing. You may become a Member of Master Matchmakers at no cost. As a Member, You will have the ability to participate in some, but not all, of the features and services available within the Members' Lounge. To have the ability to communicate with Members and select Clients You may be required to become a paying client of Master Matchmakers.
6. Background Check. You agree to supply Your date of birth and any other identifying information if requested by MM and its agents in order to allow MM to perform a background investigation of You. You hereby authorize any government agency, law enforcement agency, court or commercial entity to release any information pertaining to You to MM and its agents and to allow MM, its agents or representatives to inspect documents, records or other related information. The information furnished shall not include any information pertaining to juvenile offenses. You authorize and consent to the investigation of all statements contained in your file. You further authorize MM to supply all information on this Agreement, and all other information provided to MM, to any federal, state or local government agency for the purpose of completing a background investigation. You hereby release, discharge and indemnify MM, its agents and representatives, and any person furnishing information from any and all liability of every nature and kind arising out of the furnishing or inspection of such documents, records and other information. Data obtained in this investigation may contain information from the following sources that include but are not limited to: Department of Corrections, Court Records, Arrest Logs and Sexual Offender Records. Coverage varies by state. The public records and commercially available data sources compiled in this report may have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This report should not be relied upon as definitively accurate. Before relying on any data from this report, it should be independently verified. The criminal record data in this report may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. This does not constitute a “consumer report” as that term is defined in the federal Fair Credit Reporting Act, 15 USC 1681 et seq. (FCRA). Accordingly, it may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another permissible purpose under the FCRA. If You believe it is necessary to investigate statements made by a Member or Client beyond what is described above in Section 3, Qualification, please contact Master Matchmakers for consideration.
7. Term. This Agreement will remain in full force and effect while You use the Member's Lounge. You may terminate Your membership at any time, for any reason, by sending Master Matchmakers written notice of termination to 6231 PGA Blvd., 104-244, Palm Beach Gardens, FL 33418 or email notice of termination to email@example.com. Master Matchmakers may terminate Your membership by sending notice to You at the email address You provide in Your application for consideration, or such other email address as You may later provide to Master Matchmakers. If Master Matchmakers terminates Your membership in the Members' Lounge because You have breached this Agreement or the Master Services Agreement You will not be entitled to any refunds. All decisions regarding the termination of accounts shall be made in the sole discretion of Master Matchmakers. Master Matchmakers is not required to provide You notice prior to terminating Your membership. Master Matchmakers is not required, and may be prohibited, from disclosing a reason for the termination of Your account. Even after Your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
8. Modifications to Service. Master Matchmakers reserves the right at any time to modify or discontinue, temporarily or permanently, the Members' Lounge (or any part thereof) with or without notice. You agree that Master Matchmakers shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Members' Lounge.
9. Non-commercial Use. The Members' Lounge is for the personal use of Members and Clients and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not access the Members' Lounge and should not use the Members' Lounge for any purpose. Illegal and/or unauthorized uses of the Members' Lounge, including deleting necessary record keeping information is prohibited, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Members' Lounge is with the permission of Master Matchmakers, which may be revoked at any time, for any reason, in Master Matchmakers' sole discretion.
10. Account Security. You are responsible for maintaining the confidentiality of the username and password that You use to access the Members' Lounge, and You are fully responsible for all activities that occur under Your username and password. You agree to (a) immediately notify Master Matchmakers of any unauthorized use of Your username or password or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Master Matchmakers will not be liable for any loss or damage arising from Your failure to comply with this provision. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
11. Your Interactions with Master Matchmakers. You are solely responsible for Your interactions with Master Matchmakers. You understand that Master Matchmakers does not in any way guarantee that information communicated to Master Matchmakers is received, recorded or stored.
12. Your Interactions with Members and Clients. You are solely responsible for Your interactions with Members or Clients. You understand that Master Matchmakers makes no representations or warranties as to the conduct or compatibility of Members or Clients. In no event shall Master Matchmakers 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 Members' Lounge, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Members' Lounge or persons You meet through this Members' Lounge. You agree to take reasonable precautions in all interactions with Members and Clients, particularly if You decide to meet offline or in person. In addition, You agree to review Master Matchmakers Policies and Procedures prior to using the Members' Lounge. You understand that Master Matchmakers makes no guarantees, either express or implied, regarding Your compatibility with individuals You meet through the Members' Lounge. You should not provide Your financial information (for example, Your credit card or bank account information) to Members or Clients.
13. Content Posted by You in the Members' Lounge.
a. You are solely responsible for the Content that You publish or display (hereinafter, "post") in the Members' Lounge, or transmit to Members or Clients. You will not post in the Members' Lounge, or transmit to Members or Clients, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree to not provide inaccurate, misleading or false information to Master Matchmakers or to any Member or Client. If information provided to Master Matchmakers, Members or Clients is inaccurate, misleading or false, You will promptly notify Master Matchmakers of such.
b. You understand and agree that Master Matchmakers may review, edit and delete any content, documents, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Master Matchmakers violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or Clients.
c. The following is a partial list of the kind of Content that is illegal or prohibited in the Members' Lounge. Master Matchmakers reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Members' Lounge and terminating the privilege to use the Members' Lounge of such violators. It includes, but is not limited to, Content that:
i. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
vi. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
vii. solicits personal information from anyone under the age of 21;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
x. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
d. Your use of the Members' Lounge, including but not limited to the Content You post in the Members' Lounge, must be in accordance with any and all applicable laws and regulations.
e. We advise You not to include in Your profile any street addresses, last names, employer information, URLs or email addresses.
f. All information You include in Your profile must be accurate, current and complete.
14. Prohibited Activities. Master Matchmakers reserves the right to investigate and terminate Your access to the Members' Lounge if You have misused either, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial list of the type of actions that You may not engage in with respect to the Members' Lounge:
i. You will not impersonate any person or entity.
ii. You will not "stalk" or otherwise harass any person.
iii. You will not express or imply that any statements You make are endorsed by Master Matchmakers without our specific prior written consent.
iv. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Members' Lounge, the Master Matchmakers website or their contents.
v. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
vi. You will not remove any copyright, trademark or other proprietary rights notices contained in the Members' Lounge.
vii. You will not interfere with or disrupt the Members' Lounge or the site or the servers or networks connected to the Members' Lounge or the site.
viii. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
ix. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Members' Lounge.
x. You will not "frame" or "mirror" any part of the Members' Lounge, without Master Matchmakers' prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Master Matchmakers or the Members' Lounge or the Master Matchmakers' website in order to direct any person to any other web site for any purpose.
xi. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Master Matchmakers Website or the Members' Lounge or any software used by Master Matchmakers or cause others to do so.
15. Disputes with Members and Clients. You are solely responsible for Your interactions with Members and Clients. Master Matchmakers reserves the right, but has no obligation, to monitor disputes between You and Members or Clients.
16. Customer Service. Master Matchmakers provides assistance and guidance for Clients and Members with staff. When communicating with staff, You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that Your behavior towards any of our matchmakers, staff, employees or agents is at any time threatening or offensive, we reserve the right to immediately terminate Your access to the Members' Lounge and Your Master Services Agreement (if applicable) and You will not be entitled to any refund of fees paid.
17. Blocking of IP Addresses. In order to protect the integrity of the Members' Lounge, Master Matchmakers reserves the right at any time in its sole discretion to block Members or Clients from certain IP addresses from accessing the Members' Lounge.
18. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
20. Disclaimers. Master Matchmakers is not responsible for any incorrect or inaccurate Content posted in the Members' Lounge or on the Master Matchmakers' website, whether caused by Master Matchmakers or by any of the equipment or programming associated with or utilized in the Members' Lounge. Master Matchmakers is not responsible for the conduct of any Client or Member of Master Matchmakers. Master Matchmakers assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Your communications. Master Matchmakers is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Client's, Member's or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Members' Lounge. Under no circumstances will Master Matchmakers or any of its affiliates, licensees, successors, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Members' Lounge, any Content posted in the Members' Lounge or transmitted to Clients or Members, or any interactions between Clients of Master Matchmakers and Members, whether online or offline. The Members' Lounge is provided "AS-IS" and Master Matchmakers expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Master Matchmakers cannot guarantee and does not promise any specific results from use of the Members' Lounge.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Master Matchmakers' website or in the Members' Lounge is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. Master Matchmakers makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Master Matchmakers' website, Members' Lounge. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist.
21. Links. The Members' Lounge and Master Matchmakers' website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Master Matchmakers has no control over such sites and resources, You acknowledge and agree that Master Matchmakers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Master Matchmakers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
22. U.S. Export Controls. Software from the Members' Lounge (the "Software") is further subject to United States export controls. No Software may be downloaded from the Members' Lounge or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
23. Non-disparagement. You agree not to participate or engage in any trade or commercial disparagement of the business or operations of Master Matchmakers and/or any other related entity; not to subvert the business or operations of Master Matchmakers and/or any other related entity; and (c) not to disparage any of the officers, directors or employees of the Company. You agree that the remedy at law for breach of non-disparagement will be inadequate and that Master Matchmakers shall be entitled to injunctive relief in addition to any other remedy it might have; You shall pay all costs and expenses incurred by Master Matchmakers, including reasonable attorney fees.
24. Dispute Resolution, Jurisdiction and Choice of Law. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration hearing shall take place in Broward County, Florida before a single arbitrator. Florida law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
25. Limited Liability. With regard to the services to be performed pursuant to the terms of this Agreement, Master Matchmakers and its agents or employees shall not be liable to You, for any acts or omissions in the performance of the services on the part of Master Matchmakers or on the part of the agents or employees of Master Matchmakers, except when these acts or omissions are due to their willful misconduct or culpable negligence. You agree that any liability assessed against Master Matchmakers as a result of willful misconduct or culpable negligence shall be limited to the amount paid for services rendered and Master Matchmakers shall not be liable for any other amount including but not limited to interest, penalties, costs, claims, consequential damages or attorney fees.
26. Integration.This writing contains the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written representations, understandings, promises, warranties or agreements which are not included herein. This Agreement shall not be amended or modified or any of its provisions waived, unless in writing and signed by the duly authorized representatives of both parties, and any purported oral amendment, modification or waiver, including without limitation, with respect to the provisions of this sentence, shall be void and of no force or effect. Any such written waiver shall apply only to the provision waived and shall not apply to any other provision or to any subsequent default or matter within the provision waived
27. Indemnity by You. You agree to indemnify and hold Master Matchmakers, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Members' Lounge in accordance with this Agreement and/or arising from a breach of this Agreement by You or Master Matchmakers, a breach of a Master Matchmakers Master Services Agreement by You or Master Matchmakers and/or any breach of Your representations and warranties set forth above.
28. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
29. Other. This Agreement contains the entire agreement between You and Master Matchmakers regarding the use of the Members' Lounge. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this Agreement. Master Matchmakers is a trademark of It's About Time! Master Matchmaker, INC.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.