Love and Matchmaking.com
Give us a call now at: (844) 489-LOVE

TERMS OF SERVICE AGREEMENT


Terms of Service
 

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF LOVE AND MATCHMAKING, LLC AND ITS AFFILIATES (“LM”, “WE”, “OUR”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY INCLUDING WITHOUT LIMITATION OUR SERVICES AVAILABLE ON AND THROUGH THE WEBSITE SUCH AS SUBMISSION OF INFORMATION FOR INCLUSION IN OUR LOVEBASETM DATABASE AND FOR OFFLINE MATCHMAKING SERVICES (THE “SERVICES”), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE, 18, TO FORM A BINDING CONTRACT WITH LM, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL USING THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
 

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.


Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with such Supplemental Terms, the Supplemental Terms shall control with respect to such Service except for the Terms and Conditions on the Love Profile submitted through the Website whereby these Terms shall govern in the event of a conflict. These Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”


We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us.


Please note that these Terms are subject to change by LM in its sole discretion at any time. When changes are made, LM will make a new copy of the Terms available at the Website and any new Supplemental Terms will be made available to you. We will also update the “Last Updated” date at the bottom of these Terms of Use. LM may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
 


1. SERVICES. Through our Website, you may provide personal information for us to use in our LovebaseTM database in connection with our offline matchmaking services (“Matching”). By providing such personal information, you hereby authorize us to disclose this information to our clients. We do not offer Matching on the Website.
 

a. Criminal History. By submitting your information through the Website to be used in connection with 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. LM 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, LM does not conduct background checks on users or other clients.
 

b. 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.
 

c. Marital Status. By submitting your information through the Website to be used in connection with the Matching, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, or use the Services other than relationship counseling which is shall be subject to a separate agreement.
 

d. Other Representations and Warranties. By submitting your information through the Website to be used in connection with the Matching, you represent and warrant that you: (i) are a US citizen or legal resident of the US unless you have specifically advised LM otherwise; (ii) have no undisclosed mental or physiological health issues or ailments, or any substance abuse issues; (iii) do not work for, own, plan to own or consult for any type of dating, relationship, matchmaking or introduction service; (iv) are not looking for financial assistance or romantic arrangementstoacquire financial support ; (v) are not in active bankruptcy proceedings and have not failed to disclose any bankruptcies to LM.
 

e. 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 LM users. You understand that LM makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet as a result of or through LM. You agree to take all necessary precautions when meeting such individuals. When we say “other LM users”, we mean any person you may meet as a result of your use of LM, whether arranged by you or through a date or other interaction set up by LM with a potential match. You will promptly report to LM any violation of the Terms by others, including but not limited to, other LM users.
 

f. No Harassment of LM employees or agents. You will not harass, annoy, intimidate or threaten any LM employees or agents engaged in providing any portion of the Services to you.
 

g. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of these Terms or the Privacy Policy, LM reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, LM suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that LM, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that LM is permitted to make such disclosures.
 

h. YOUR INTERACTIONS WITH OTHER USERS OR OTHER CLIENTS OF LM. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER LM USERS AND/OR OTHER CLIENTS OF LM. YOU UNDERSTAND THAT LM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR ITS OTHER CLIENTS OF LM. LM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ITS OTHER CLIENTS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR ITS OTHER CLIENTS. LM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS CLIENTS OR USERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. LM 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 LM 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 WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER LM USERS OR ITS OTHER CLIENTS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT LM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF LM. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS AND/OR ITS OTHER CLIENTS.
 

i. Use for Informational Purposes Only. You understand and acknowledge that you are not seeking and Company is not providing any medical, psychological or other advice which requires any medical or other professional license. Client acknowledges that the Website and any information, advice, suggestions or exercises recommended by Company thereon is for general information purposes only.


j. Confidentiality. You acknowledge and agree that the Company’s Confidential Information is highly valued and that you may have access to, receive or learn of Confidential Information that is private and confidential to the Company. You agree and understand that this information must be kept in strict confidence to protect the Company’s reputation and good will and that the Company would be irreparably harmed by any disclosures of its Confidential Information and/or as defined below. You acknowledge and agree that the restrictions in this Agreement are reasonable and necessary to protect the Company’s legitimate privacy and business interests. “Confidential Information” means any and all information of any nature concerning Company’s methods, advice, exercises, strategies, trade secrets designs, events, clients, vendors, marketing, pricing information, strategic plans, finances, personnel, all information concerning the Company that is not generally known by non-Company parties including, but not limited to, any information or materials, whether or not acquired by you in the course of or in connection with the services to be rendered by Company to you, concerning or in any way relating to the Company’s services, business activities, financial affairs and any other information that would be understood to be confidential or proprietary by a reasonable person under the circumstances. The following shall not be considered Confidential Information and you shall not be restricted in any manner with respect to documents or information which (i) are publicly known and are generally available in the public domain prior to or after the time of disclosure to you through no violation of this paragraph; (ii) is already in the possession of the you without confidentiality restrictions; or (iii) is provided to the receiving party by third parties who are not in violation of any confidentiality obligations.


2. OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Website and/or Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Website or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of LM or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Website or Services will be governed by such third parties’ licenses and not by these Terms of Use. Subject to these Terms of Use, LM grants you a limited license to use the Website and Services for your personal or non-commercial purposes. Unless otherwise specified by LM in a separate license, your right to use such materials that you access or download through the Website or the Services is subject to the Terms. As a part of the Website and/or Services, you may have access to materials that are hosted by another party. You agree that it is impossible for LM to monitor such materials and that you access these materials at your own risk. Additionally this Website contains other material which is owned by us or our licensors. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
 

3. RULES REGARDING INFORMATION AND OTHER CONTENT. When you access the Website and/or Services, you may 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 LM, or use any Content in any manner that:
 

a. Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;


b. Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;


c. Is false or inaccurate or becomes false or inaccurate at any time;


d. 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;


e. Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;


f. Misrepresents your identity in any way;


g. 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;


h. Advocates or encourages any illegal activity;


i. 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.

 

4. Though we strive to enforce these rules with all of our users, you may be exposed through the Website or Services to Content that violates our policies or is otherwise offensive. You access the Website and Services at your own risk. We may, but are not obligated to, remove Content from the Website for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Website or through the Services whether it violates our content policies or not. You hereby grant (and you represent and warrant that you have the right to grant) to LM 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 LM, and to grant sublicenses of the foregoing rights, solely for LM’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.
 

5. General Rules of User Conduct. It is our goal to make access to our Website 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 Website or Services, your use of the Website or Services, or access to the Website or Services for any purposes other than for which the Website or Services are being provided to you, or do any of the following:
 

a. Conduct or promote any illegal activities while using the Website or Services;


b. Upload, distribute or print anything that may be harmful to minors;


c. Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (includingthe tools, methods, processes, and infrastructure) that enables or underlies the Website;


d. Attempt to gain access to secured portions of the Website or Services to which you do not possess access rights;


e. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
 

f. Use the Website or Services to generate unsolicited email advertisements or spam;


g. Use the Website or Services to stalk, harass or harm another individual;


h. Use any high volume automatic, electronic or manual process to access, search or harvest information from the Website or Services (including without limitation robots, spiders or scripts);


i. Interfere in any way with the proper functioning of the Website and Services or interfere with or disrupt any servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;


j. 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 Website or the Content contained on any such web page for commercial use without our prior express written permission;


k. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;


l. Mirror or frame the Website or any Content place pop-up windows over its pages, or otherwise affect the display of its pages
 

6. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Website or the Services (collectively “Feedback”), you agree we may use the Feedback to modify our Website 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 Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
 

7. MODIFICATIONS TO THE WEBSITE OR SERVICES. We reserve the right to modify or discontinue the Website 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 Website and/or Services. You may need to update third-party software from time to time in order to use the Website and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Website or Services. Continued access to the Website or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Website or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Website 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 WEBSITE OR SERVICES.


8. THIRD PARTY CONTENT AND OTHER WEBSITES. Content from other users, suppliers, affiliates, and other third parties may be made available to you through the Website and/or the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The Website and Services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Website and/or Services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Website or Services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Website and Services may contain links to websites that are operated by us but which operate under different Terms of Use. It is your responsibility to review the privacy policies and Terms of Use of any other website you visit and you should make any investigation you deem appropriate. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
 

9. DISCLAIMER OF WARRANTIES. THIS WEBSITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY LM “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. We make no warranty that the Website or Services will meet your requirements, or that the Website and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Website or Services, or that defects in the Website or Services will be corrected. No advice or information, whether oral or written, obtained by you from us through the Website, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.
 

10. LIMITATION OF LIABILITY.
 

a. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE 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, ATTORNEYS, REPRESENTATIVES 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 WEBSITE 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 WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO TEN DOLLARS (U.S. $10.00) OR THE AMOUNT YOU PAID FOR SERVICES (WHICHEVER IS LESS). 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.
 

b. 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.
 

11. INDEMNIFICATION. You agree to indemnify, defend and hold harmless LM, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants, agents, attorneys and representatives (“LM Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Website or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Website or Services. LM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in
asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Website and/ or Services.
 

12. ELECTRONIC COMMUNICATIONS. We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section informs you of your rights when receiving Communications from us electronically. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Website. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Website and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continueto receive all Communications without interruption.
 

13. INTERNATIONAL USERS. The Services are for use in the United States only. The Website 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 LM intends to announce such services in your country. The Website and Services are controlled and offered by LM from its facilities in the United States of America. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you are not a U.S. resident and want to inquire about Services please call us at the number on this Website.
 

14. GENERAL


a. Assignment. These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without LM’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
 

b. Non-Disparagement. You shall not use, disclose, disseminate or confirm, directly or indirectly, to anyone any statements, information or materials, whether or not acquired by you in the course of or in connection with the Services rendered by LM that may harm, disparage, demean or reflect negatively or poorly upon or cause injury to the reputation, character or career of the LM. The foregoing shall include but shall not be limited to the publishing of negative reviews anywhere whether in print, electronically and/or audio/video recording via print publications, social media platforms micro-blogging service; user-generated or user-uploaded content website; online forum, discussion thread or comment section; personal website or blog; user modified website (“wiki”); or any other website, service, platform, program, application or other form or method of communication, whether now known or hereinafter devised.


c. Dispute Resolution. If you believe that LM has not adhered to these Terms of Use, please contact LM by emailing us at info@loveandmatchmaking.com. 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.
 

d. Limitations Period. YOU AND LM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
 

e. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with LM and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.


i. 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 LM, 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.


ii. 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 such as JAMS or Judicate West. The consumer arbitration 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 shall 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 Los Angeles, California unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.


iii. 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.


iv. Authority of Arbitrator. The arbitrator shall decide the rights and liabilities, if any, of you and LM, 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 LM. 


v. 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 LM in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LM WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. 


vi. 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, CA.


vii. Confidentiality. No part of the proceedings 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 and no party shall have the right to appeal.
 

viii. Fees. The prevailing party in the arbitration shall be entitled to recover from the other party its reasonable attorneys’ fees in connection therewith in addition to the costs of such arbitration.


ix. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competentjurisdiction, 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.


x. 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.


xi. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LC. 


xii. Small Claims Court. Notwithstanding the foregoing, either you or LC may bring an individual action in small claims court in Los Angeles California.


xiii. 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.
 

f. 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.


g. Choice of Language. It is the express wish of the parties that these Terms and all related documents have been drawn up in English.


h. Release. You hereby release the LM 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 Website 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 Website 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.”
 

i. Disclosures. LM is located at the address in Section 14(k). In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.


j. Force Majeure. LM 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, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.


k. Compliance. If you believe that LM has not adhered to the Terms, please contact LM by emailing us at info@loveandmatchmaking.com. 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.


l. Notice. Where LM requires that you provide an e-mail address, you are responsible for providing LM with your most current e-mail address. In the event that the last e-mail address you provided to LM is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, LM’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to LM at the following address: 2416 West Victory Boulevard, Number 146, Burbank, California 91506, Attention: Legal Department. Such notice shall be deemed given when received by LM by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address. 


m. 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.


n. 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.


o. 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: May 31, 2019