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Informational content disclaimer policy:
THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. SOPHISTICATED MATCHMAKING, INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY. SOPHISTICATED MATCHMAKING, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TERMS AND CONDITIONS AND PRIVACY STATEMENT
PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE [“I ACCEPT/AGREE” BUTTON OR “I ACCEPT/AGREE” HYPERTEXT LINK] AT THE BOTTOM OF THE REGISTRATION PAGE. BY CLICKING THE “REGISTER “BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE, LEGALLY UNMARRIED, HAVE NO CRIMINAL RECORD, AND AGREE TO BE BOUND BY THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.
SOPHISTICATED MATCHMAKING, INC.
TERMS AND CONDITIONS OF SERVICE AGREEMENT
This Agreement is between you, the Database Member or the Client, and Sophisticated Matchmaking, Inc., a Washington corporation (“SMI”). SMI agrees to provide its Clients with certain matchmaking and/or personal coaching services, as outlined in the Addendums A and B to this Agreement. You agree to pay any and all fees and costs to SMI according to the terms of this Agreement.
ARTICLE I. TERMS OF SERVICE
1. You must be at least 21 years of age and legally unmarried to enter into this Agreement.
2. You cannot become a Client of SMI if you have any criminal record, or if you have been convicted of more than one “driving under the influence” charge within the past three years.
3. You agree to provide true and correct information about yourself.
4. Per SMI’s request, you agree to cooperate fully with SMI and any of its employees, agents, or assigns, and waive your rights to privacy, in any type of background check. This specifically includes, but is not limited to, your employment history, records search of public documents (which include arrests, warrants, felonies, sex offenses, misdemeanors, traffic violations, driving records and civil suit records), and educational records. You further understand that any such investigation is not a guarantee that SMI would accept you as its Client. Any such investigations are completed at the sole discretion of SMI.
5. SMI has the right to refuse service to anyone for any reason or for no reason whatsoever.
6. You agree to submit at least one recent (within the past 6 months) true-to-life photograph of yourself.
7. You understand and agree that SMI is not responsible for accuracy or completeness of any information SMI may provide to you about another person, whether or not that person is a client of SMI.
ARTICLE II. NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES
To the fullest extent permissible under applicable law, the services of SMI are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO SMI’S CLIENTS OR ANY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; ACCURACY OF INFORMATION; QUIET ENJOYMENT; AND TITLE. YOU AGREE THAT ANY EFFORTS BY SMI TO MODIFY ITS SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY SMI WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT SMI SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, INCLUDING REASONABLE ATTORNEY FEES, EVEN IF SMI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
ARTICLE III. LIMITATION ON LIABILITY
You specifically agree that SMI is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal conduct of any other party. If you are dissatisfied with SMI’s service, your sole and exclusive remedy is to discontinue using SMI’s services. However, all fees to paid to SMI are non-refundable.
SMI will not be liable for any legal action taken between third parties. SMI is excluded from any direct or indirect loss from using its services. If a claim is brought against you by any actions relating to SMI’s services, you agree to hold harmless and defend SMI in any claim or action.
SMI cannot be held liable or responsible in any way, shape, or fashion for any event that results from use of any information or services provided by SMI to you, not limited to financial losses or any other negative outcomes. You completely absolve SMI of any responsibility, financial or otherwise, for how you use SMI’s services, the services of its contractors, partners, and preferred vendors. You acknowledge and agree that SMI does not provide, and does not purport to provide, any medical and/or psychological treatment or therapy. WE ARE NOT TRAINED OR LICENSED AS DOCTORS, NURSES, PSYCHOLOGISTS, OR THERAPISTS OF ANY KIND.
In consideration for your use of SMI’s services, you covenant and agree that you will forever refrain from instituting, maintaining, prosecuting or in any way aiding or asserting any claim, demand, or cause of action against SMI, its shareholders, agents, employees, directors, officers, investors, representatives, successors, transferees, assigns, or any parent or subsidiary organization for any injury, disease, physical or mental condition, damages, losses, costs, or expenses of any kind or nature whatsoever arising from or related to your use of SMI’s services. You understand that this is a binding provision of this Agreement and will survive past the time you are no longer a Client of SMI. Notwithstanding any contrary provisions contained herein, SMI’s liability for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount, if any, paid by you to SMI.
Nothing in this Agreement excludes or limits your statutory rights which may not be excluded or limited by law due to you being a consumer of SMI’s services.
ARTICLE IV. INDEMNIFICATION
In consideration for your use of SMI’s services, you agree to indemnify and forever hold harmless SMI, its agents, employees, directors, officers, shareholders, investors, representatives, successors, transferees, assigns, or any parent or subsidiary organization from any and all claims, demands, actions, or causes of action of any kind or character, including, without limitation, any reasonable attorney fees, which may ever be asserted whether by way of contribution, indemnity, subrogation, liens, or otherwise brought by any person, firm, or entity due to or arising out of your use of SMI’s services, including any violation of this Agreement, breach of this Agreement, any breach of your representations and warranties given to us, or as a result of your conduct with any another Client or any other person.
ARTICLE V. TERM
This Agreement will remain in force for as long as you use SMI’s services. In addition, the sections of this agreement pertaining to indemnifications, releases, waivers and covenants not to sue will survive past the time when you are no longer a Client of SMI.
ARTICLE VI. CLIENT FEES
All fees and terms of payment are outlined in Addendum A and/or Addendum B (depending on the type of service you purchase) to this Agreement. SMI reserves the right to change its fees at any time but agrees to offer reasonable notice before the change takes effect.
ARTICLE VII. FORM OF PAYMENT
SMI accepts cashier’s checks, your personal checks, and most major credit cards. If you pay by check, SMI’s services do not begin until your check clears with your bank. If you pay by credit card, upon registration you grant to SMI your permission to charge all the fees and costs associated with SMI’s services to the credit card you provided. If payment cannot be charged to your credit card or such payment is returned to SMI for any reason, including chargebacks, SMI may suspend or terminate all services and you will personally owe SMI any unpaid balance and all fees and costs, including reasonable attorney fees and costs, should a collection action against you become necessary. If SMI accepts any installment payments from you, and if you make such payments using a credit card, SMI will automatically re-bill your credit card.
ARTICLE VIII. TERMINATION OF THIS AGREEMENT
SMI may, at its sole discretion, terminate this Agreement at any time. Under no circumstances shall SMI be liable to you or any other party for such termination. You may also terminate this Agreement at any time by giving SMI a written notice. Any and all fees and costs that you paid to SMI prior to the date of termination of this Agreement are nonrefundable. Termination of this Agreement either by you or by SMI at any time and for any reason will not entitle you to any refund whatsoever.
Your privacy is of utmost importance to SMI. To better protect your privacy we provide this notice explaining our information practices.
1. Collection and Use of Personal Information. SMI may collect personal information when you use SMI’s services or its website. SMI uses this personal information to fulfill requests for our services; to determine whether our services are right for you; to consider which matches to make for you; to contact you; and to provide other clients of SMI to whom we may match you with a summary profile for the purpose of making a match.
2. Sharing and Disclosure of Personal Information. SMI allows you to register on the website of SMI. You have the ability to edit your personal information at any time, and may cancel your registration. The information which you forward to SMI through the use of the information entry page shall be used solely by SMI for the purposes of billing, advertising, for notifying you of any changes to this Agreement, or any other purpose which SMI deems necessary to carry out its duties under this Agreement. SMI will not sell or rent your Personal information to any individual, business, or government entity. SMI will share your personal information with other entities should you request SMI to share such information, or if SMI is required to respond to court orders, subpoenas or other legal process.
3. Encryption. All registration pages of SMI’s website are protected with Secure Socket Layer (”SSL”) encryption. The registration information must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.
ARTICLE X. ASSIGNMENT
You acknowledge and agree that your needs, as well as SMI’s services, are unique and personal. Accordingly, you may not assign any of your rights or delegate any of your duties or obligations under this Agreement to anyone. However, SMI does have the right to assign any or all of its rights and duties under this Agreement to any third party. At the election of SMI, if SMI’s obligations hereunder are assumed by a third party, SMI shall be relieved of any and all liability under this Agreement.
ARTICLE XI. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral written, and contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures.
This Agreement and the relationship between you and SMI shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and SMI agree to submit to the personal and exclusive jurisdiction of the State of Washington, County of King, or the applicable United States District Court covering King County, Washington. However, both SMI and you agree to submit to binding arbitration for any dispute. Such arbitration shall be held before one arbiter who is a member of the American Arbitration Association, using Washington Law and in the venue of King County, Washington.
SMI’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SMI’s services or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.