Intuitive
Matchmaking, LLC Terms and Conditions Agreement
(Hard Copy)
Welcome to IntuitiveMatchmaking.com,
the Pacific Northwest’s premier matchmaking agency, operated by Intuitive
Matchmaking, LLC. Please read this Terms
and Conditions Agreement (the "Agreement") carefully. This Agreement serves as an electronic
contract that discloses the legally binding terms of your use of the Site and
the terms of your use or membership to the Services. The Agreement sets out the terms under which
Intuitive Matchmaking services (the "Services") are provided to you through
the Intuitive Matchmaking.com website (the "Website"). Services include:
- “Getting to Know You” Services
- “Getting Ready to Date” Services
- Personalized Matchmaking Services
By using or registering with the
Website, you become a member of the Services (a “Member”) and you agree to be
bound by the terms of this Agreement, regardless of if you become a paying
Member.
You have the right to receive a copy
of this Agreement in non-electronic form.
To request a non-electronic copy of this Agreement send a letter and
self-addressed stamped envelope to Intuitive Matchmaking, LLC 1980 Willamette
Falls Dr., Ste #120 –PMB 13 West Linn, Oregon 97068.
DO
NOT USE THIS SITE OR THE SERVICES OFFERED BY INTUITIVE MATCHMAKING.COM IF YOU
DO NOT AGREE WITH THESE TERMS.
In our sole discretion, Intuitive
Matchmaking reserves the right at any time to:
- Change the terms and conditions of this Agreement
- Change any fees or charges for using the Services
- Change the Site, including removing or discontinuing
any content or feature of the Site
Changes will be effective upon
posting on the IntuitiveMatchmaking.com website, and your use of the Site after
such posting will constitute your acceptance of any such change..
ELIGIBILITY. YOU MUST BE AT LEAST 25 YEARS OLD TO REGISTER
ON OR USE THE INTUITIVE MATCHMAKING SERVICE. ACCESS OR USE OF THIS SITE OR ITS
CONTENTS BY ANY PERSON UNDER THE AGE OF 25 IS STRICTLY PROHIBITED. MEMBERSHIP
TO THE SERVICE IS VOID WHERE PROHIBITED.
REGISTRATION.
To become a Member you must register
with us. When and if you register to become a Member, you agree to provide
accurate, current and complete information about yourself as prompted by our
Application Profile ("Profile").
Each Member is responsible for updating Intuitive Matchmaking if any of
the member’s current information or dating preferences change. You agree that we may rely on your Profile as
accurate, current and complete. You acknowledge that if your Profile is untrue,
inaccurate, not current or incomplete in any respect, we reserve the right to
terminate this Agreement and your use of the Service.
When you register, we will require
that you provide sufficient information to indicate that you are at least 25
years old. By becoming a Member, you represent and warrant that you are at
least 25 years old, which is the minimum required age to become a Member. However, we cannot guarantee that each Member
is at least the required minimum age, nor do we accept responsibility or
liability for any content, communication or other use or access of the Site by
persons under the age of 25 in violation of this Agreement.
Your membership in the Service is
for your sole, personal use. You may not authorize others to use your
membership, and you may not assign or otherwise transfer your account to any
other person or entity.
MEMBERSHIP OPTIONS. It is free to register as a Member with the Site and utilize
the “Getting to Know You” Service, which includes a complimentary
consultation. There is no obligation to
becoming a paying Member of the Site.
A paying Professional Matchmaking Member
can choose between a 6 or 12 month membership.
Membership does not begin until the first date is scheduled and the
member attends the date. Intuitive
Matchmaking does not guarantee a minimum or maximum amount of dates as part of
the membership.
When a new Member joins the program,
additional services are available to be purchased, but are not required. These services include nutritional and
wardrobe consultation and photography services.
These services will be provided by outside vendors in partnership with
Intuitive Matchmaking services. (Additional fees may apply.)
MEMBERSHIP HOLDS. Members may put their membership on hold one
month at a time. Unused months are
applied to the end of membership to maximize services.
- 6
month memberships are limited to
spreading membership over 12 consecutive months.
- 12
month memberships are limited to spreading membership over 24 consecutive months.
In order to place a hold on a
membership, the Member must contact Intuitive Matchmaking’s home office at 1980
Willamette Falls Drive, Ste #120 – PMB 139, West Linn, OR 97068 or by email at jacqueline@intuitivematchmaking.com. Hold status memberships begins on the first
day of the decided month. It is the
responsibility of the member to update Intuitive Matchmaking when the hold is
to be lifted.
TERMINATION. Either you or Intuitive Matchmaking may
terminate your membership at any time, for any reason, effective upon sending
written notice to the other party. All paid membership fees are nonrefundable
under any circumstances. We reserve the right to immediately suspend or
terminate your access to the Service, without notice, upon any breach of this
Agreement by you.
E-MAIL AND PASSWORD.
As part of the registration process, you will be asked to select an e-mail and
password. You are responsible for the confidentiality and use of your e-mail
and password and agree not to transfer or resell your use of or access to the
Site to any third party. If you have reason to believe that your account is no
longer secure, you must promptly change your password by updating your account
information, available at the 'Edit Profile' section after logging on to
Intuitive Matchmaking, and immediately notify us by emailing us at jacqueline@intuitivematchmaking.com. YOU ARE
SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR E-MAIL AND
PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT.
IN-PERSON MEMBER CONDUCT.
Members agree to conduct themselves
in a respectful manner during and after each date and at any workshops held by
Intuitive Matchmaking. Members are also
required to contact the Intuitive Matchmaking office following a first date to
provide an update regarding a future date or seeking another dating option
request.
INDEMNITY BY MEMBER.
You agree to indemnify, defend and hold us, our officers, directors, employees,
agents and representatives harmless from and against any and all claims,
damages, losses, liabilities, costs (including reasonable attorneys' fees) or
other expenses that arise directly or indirectly out of or from (i) your breach
of this Agreement; (ii) any allegation that any materials that you submit to us
or transmit to the Site infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third party;
and/or (iii) your activities in connection with the Site, including individual
relationship choices made by Members after introduction is provided through the
service. This indemnity shall be
applicable without regard to the negligence of any party, including any
indemnified person.
ONLINE CONTENT.
Opinions, advice, statements, offers or other information or content made
available through the Service are those of their respective Member-author and
not of Intuitive Matchmaking, and should not necessarily be relied upon. Such
Members are solely responsible for such content. Intuitive Matchmaking does not
guarantee the accuracy, completeness or usefulness of any information on the
Service and neither adopts nor endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made. Under no circumstances
will Intuitive Matchmaking be responsible for any loss or damage resulting from
anyone's reliance on information or other content posted on the Service or
transmitted to Members.
LINKS TO THIRD-PARTY SITES.
The Site may contain links to other
Internet Web sites or resources. We do not control such other Web sites, nor
have we reviewed any content that appears on such other Web sites. You
acknowledge and agree that we shall not be held responsible for the legality,
accuracy or inappropriate nature of any content, advertising, products,
services or information located on or through any other Web sites or for the
operation or policies of any such websites, nor for any loss or damages caused
or alleged to have been caused by the use of or reliance on any such websites
or such content or other information.
Accordingly, we encourage you to be aware when you leave the Site and to
read the Terms and Conditions Agreement and Privacy Policy of every other site
you visit.
WARNING - PLEASE READ:
It is possible that other Members or users (including unauthorized users, or
"hackers") may post or transmit offensive or obscene materials on the
Service and that you may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information about
you due to your use of the Service, and that the recipient may use such
information to harass or injure you. Intuitive Matchmaking is not responsible
for the use of any personal information that you may choose to disclose on the
Service. Please carefully select the type of information that you post on the
Service or release to others.
Intuitive Matchmaking reserves the
right, but has no obligation, to monitor the materials posted in any area of
the Service. Intuitive Matchmaking shall have the right but not the obligation
to remove any such material that violates, or is alleged to violate, the law or
this Agreement. Notwithstanding this right of Intuitive Matchmaking, you remain
solely responsible for the content of the materials you post in any area of the
Service and your private email messages. Emails, that are not readily
accessible to the general public, sent between you and other Members will be
treated as private by Intuitive Matchmaking to the extent required by
applicable law and pursuant to the commercially reasonable efforts of Intuitive
Matchmaking.
PROPRIETARY RIGHTS.
Intuitive Matchmaking owns and retains all proprietary rights in the Services and
the Site. The Services and the Site contain the copyrighted material,
trademarks and other proprietary information and software of Intuitive
Matchmaking and its licensors. In addition, other Members may post copyrighted
information, which has copyright protection whether or not it is identified as
copyrighted. Except for that information which is in the public domain or for
which you have been given permission, you may not copy, modify, publish,
transmit, distribute, perform, display or sell any such proprietary
information.
By posting information or content to
any area of Intuitive Matchmaking, you automatically grant, and you represent
and warrant that you have the right to grant, to Intuitive Matchmaking and
other Members an irrevocable, non-exclusive, fully-paid, worldwide license to
use, copy, perform, display and distribute such information and content and to
prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sublicenses of the foregoing.
TRADEMARK NOTICES.
Intuitive Matchmaking is the trademark of Intuitive Matchmaking, LLC. All other
trademarks, logos, service marks, company or product names set forth in this
website are the property of their respective owners.
INFORMATION SUPPLIED BY MEMBER. We will respect your
personal information and undertake to comply with all applicable data
protection legislation in the US and other jurisdictions in which we offer the
Service, subject to the Privacy Policy of Intuitive Matchmaking.
The personal information (including
sensitive personal information) you provide to us will be stored on computer.
You consent to us using this information to build up a profile of interests,
preferences and relationship goals and to allow you to participate in the
Intuitive Matchmaking Service. All Members also agree to uphold and maintain
our Privacy Policy and to the terms and conditions thereof.
ASSIGNMENT.
You do not have the right to assign this Agreement or any of your rights to the
Service to anyone. Intuitive Matchmaking has the right to assign any or all of
its rights and duties under this Agreement or to the Service to a third party.
At the jurisdiction of Intuitive Matchmaking, if Intuitive Matchmaking's
obligations hereunder are assumed by a third party, Intuitive Matchmaking shall
be relieved of any and all liability under this agreement.
DISCLAIMER OF WARRANTY.
INTUITIVE MATCHMAKING PROVIDES THE SERVICE AND THE SITE ON AN "AS IS"
BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN
ANY COMMUNICATION WITH INTUITIVE MATCHMAKING OR ITS REPRESENTATIVES, OR
OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. INTUITIVE MATCHMAKING
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. INTUITIVE MATCHMAKING DOES NOT WARRANT
THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED, ALWAYS
AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN
THE SERVICE OR THE SITE WILL BE CORRECTED. INTUITIVE MATCHMAKING DISCLAIMS
LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER
SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER
SERVICE.
LIMITATION OF LIABILITY.
IN NO EVENT WILL INTUITIVE MATCHMAKING BE LIABLE (i) TO YOU FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE OR THE SITE, EVEN IF INTUITIVE MATCHMAKING OR ITS AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION
HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS
INTUITIVE MATCHMAKING'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO INTUITIVE MATCHMAKING FOR THE SERVICE DURING THE
TERM OF MEMBERSHIP.
In addition, Intuitive Matchmaking
disclaims all liability, regardless of the form of action, for the acts or
omissions of other Members or users (including unauthorized users, or
"hackers") of the Service.
Also attending events encouraged or created by Intuitive Matchmaking
does not hold Intuitive Matchmaking liable for its content or Member’s
experience.
Certain jurisdictions limit the
applicability of warranty disclaimers and limitations of liability so the above
disclaimers of warranty and limitations of liability may not apply to you.
COMPLAINTS.
To resolve a complaint regarding the Service or the Site, you should contact
Intuitive Matchmaking Customer Support at jacqueline@intuitivematchmaking.com
JURISDICTION AND GOVERNING LAW. You expressly agree that Oregon law (regardless of its
conflicts of law principles) shall govern this Agreement, the Site and the
Services and that any disputes arising out of or relating to this Agreement,
the Site and the Services will be subject to the exclusive jurisdiction and
venue of the federal and state courts in the State of Oregon. You are responsible for complying with local
laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, Intuitive
Matchmaking shall have the right to commence and prosecute any legal or
equitable action or proceeding before any United States or non-United States
court of competent jurisdiction to obtain injunctive or other relief in Intuitive
Matchmaking’s sole discretion.
Regardless of any statute or law to the contrary, any claim or cause of
action by you arising out of or related to use of the Site or the Agreement must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
OTHER. This
Agreement, accepted by you upon registering for the Service, contains the
entire agreement between you and Intuitive Matchmaking regarding the Service
and the Site, including the Intuitive Matchmaking Privacy Policy. In the event
of any conflict between the Privacy Policy and this Agreement, this Agreement
shall control. Unless otherwise explicitly stated, the Terms will survive
termination of your membership to the Service. This agreement shall terminate
immediately and without notice if you breach any of the Terms, subject to the
survival of all rights and reservations of Intuitive Matchmaking. If any
provision of this Agreement is held unenforceable by a court of competent
jurisdiction, the Agreement shall be deemed amended to exclude the
provision. The remainder of this
Agreement shall then continue in full force and effect.
REVISION DATE. This Agreement was last revised on April 9, 2010.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE TERMS AND CONDITIONS DETAILED ABOVE.