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| TERMS OF USE |
Welcome to Perfectmatch.com. Perfectmatch.com is an online singles dating service for adults to meet other like-minded individuals in search of a relationship and is operated by MarketRange, Inc. ("Perfectmatch.com" or "we" or "us" or 'Website" or "Service").
By using the Perfectmatch.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). Your continued use of the Website constitutes your acceptance of this Agreement. You must be at least 18 years old to register on or use the Perfectmatch.com website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited. By requesting to use, registering to use, or using the online service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the service. Additionally, by requesting to use, registering to use, and/or using the service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. PERFECTMATCH.COM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, the Website reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance.
This Agreement sets out the legally binding terms of your use of the Website (except for those terms that are specifically designated as applying only to registered members). Please review these terms. You are welcome to print these terms out for review. You may also receive a copy of this Agreement by emailing us at: ms@Perfectmatch.com, Subject: Terms of Use. By using the Website, 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. This Agreement is subject to change at any time, with or without notice. Your continued use of this Website or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
1. Member Eligibility and Terms. If you wish to become a Member and communicate with other Members and make use of the Perfectmatch.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. You must be 18 years old or over to register as a member of Perfectmatch.com and use the Service. This Agreement sets out the legally binding terms of your membership in the Service. Membership in the Service is void where prohibited.
2. Term and Termination. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or on receipt by Perfectmatch.com of your notice of termination by email, fax or mail. Perfectmatch.com may terminate your membership for any reason, effective on sending notice to you at the email address you provide in your application for membership or another email notice address that Perfectmatch.com that Perfectmatch.com received from you. If Perfectmatch.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: sections 5, 6, 10, 11, 13, 14 and 17.
Auto-Renewal Policy. To ensure you enjoy uninterrupted use of the Service, if you have purchased a membership plan other than an annual plan, your membership will automatically renew 24 hours before expiration. You may disable Automatic Renewal after purchase in the Account Information section, via the Cancel Account link. Additionally, you may terminate your membership at any time, for any reason, by following the Cancel Account instructions on the Account Information tab in Account Settings, or on receipt by Perfectmatch.com of your notice of termination by email, fax or mail. Following cancellation, you will continue to have full access to your membership for the remainder of the term for which you have paid, provided you otherwise are in compliance with this Agreement. Refunds will not be issued for early cancellation nor inactivity. Should a refund be granted, for any reason, in any form (a credit or a complimentary subscription), the maximum refund allowed per member will be equal to three months of service, or $99.00, whichever is greater.
By providing us with your payment information, you authorize and instruct us to bill your credit card account for the amount of your initial subscription fee, and to bill that account again each time that the current term of your subscription is about to expire in the future. If at any time you do not want to automatically renew your subscription in the future, please make appropriate changes in the Account Information section, located under "My Account", off of the "Account Management" tab, on the My Home Page.
3. Member ID and Password. As part of the member registration process, you will be asked to select a user name ("Member ID") and password. We may refuse to accept any Member ID for any reason, including that the proposed Member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or otherwise infringes on other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You may have only one Member ID. You 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 'My Home' Page after logging on to Perfectmatch.com, and immediately notify us by emailing us at ms@Perfectmatch.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Unauthorized Use. The Website and the Service are for the personal use of individuals only, for purposes consistent with the Website and Service and this Agreement. You may not use the Website or Service in connection with any commercial or group activities or resell the Service. Organizations, companies or businesses may not become Members and may not use the Service or the Website for any purpose. Collecting Member IDs or email addresses of members, or other information on the Website, by electronic or other means, is prohibited. Framing of or linking to the Website without written permission from us is prohibited.
5. Proprietary Rights in Content and Profiles on Perfectmatch.com. Perfectmatch.com and its licensors own and retain all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of Perfectmatch.com and its and licensors. You may not copy, modify, publish, transmit, distribute, perform, display or sell any Website material or information. Perfectmatch.com is a trademark of MarketRange, Inc. You hereby acknowledge and agree that the Website is the owner of highly valuable proprietary information, including without limitation, the proprietary Duet compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, "Confidential Information"). the Website owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information. By posting information, your profile, and/ or content to any profile pages or public area of the Services such as Dr Pepper Schwartz Advice, you automatically grant, and you represent and warrant that you have the right to grant, to the Website and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, transfer, publicly perform, publicly 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 sub-licenses of the foregoing. By posting Content to any public area of The Website, you automatically grant, and you represent and warrant that you have the right to grant, to The Website, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public posting and use of your content by The Website will not infringe or violate the rights of any third party.
6. Content Posted on the Site.
8. Member Disputes. You are solely responsible for your interactions with other Perfectmatch.com Members. Perfectmatch.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website.
9. Privacy. Use of the Website and the Service is subject to our Privacy Policy, which is part of this Agreement with you. Please refer to our privacy policy for information about our use and disclosure of your information.
10. DISCLAIMERS; NO WARRANTIES. Perfectmatch.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service.
Perfectmatch.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
Perfectmatch.com 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, user or Member communications.
Perfectmatch.com 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 the Website, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or in connection with the Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE WEBSITE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE WEBSITE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Perfectmatch.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. You understand and acknowledge that it is possible for third parties, acting illegally, to access your account and that Perfectmatch.com cannot be responsible for this risk or other third party illegal activity.
11. Limitation of Liability.
13. Disputes. If there is any dispute between us about or involving the Website or the Service, you agree that the dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts located in King County in the State of Washington.
14. Indemnity. You agree to indemnify and hold Perfectmatch.com, 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 Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.
15. Advertisers and Links. The Website may contain links to third party websites, endorsers or advertisers. The third party websites, endorsers or advertisers are not under the control of Perfectmatch.com, and Perfectmatch.com is not responsible for the contents, services or goods of any third party websites, endorsers or advertisers. The inclusion of any link is as a convenience and does not imply endorsement by Perfectmatch.com of the website or any association or relationship with its operators.
16. No Professional Advice. The information and materials available through the Perfectmatch.com Website including the advice of relationship advisers, is for information and educational purposes only and is not a substitute for the professional judgment of a licensed mental health practitioner. Perfectmatch.com, the Website and the Services do not provide psychological advice or medical or diagnostic services. Your reliance upon information and materials obtained by you at or through the Website is solely at your own risk.
17. Other. This Agreement, accepted on your use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Perfectmatch.com regarding the use of the Website and the Service. 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.
Perfectmatch Terms & Conditions Last Updated: October 29, 2008
Trademarks/Legal Information
By using the Perfectmatch.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). Your continued use of the Website constitutes your acceptance of this Agreement. You must be at least 18 years old to register on or use the Perfectmatch.com website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited. By requesting to use, registering to use, or using the online service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the service. Additionally, by requesting to use, registering to use, and/or using the service, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity. PERFECTMATCH.COM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, the Website reserves the right to conduct a criminal background check, at any time and using available public records, to confirm your compliance.
This Agreement sets out the legally binding terms of your use of the Website (except for those terms that are specifically designated as applying only to registered members). Please review these terms. You are welcome to print these terms out for review. You may also receive a copy of this Agreement by emailing us at: ms@Perfectmatch.com, Subject: Terms of Use. By using the Website, 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. This Agreement is subject to change at any time, with or without notice. Your continued use of this Website or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
1. Member Eligibility and Terms. If you wish to become a Member and communicate with other Members and make use of the Perfectmatch.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. You must be 18 years old or over to register as a member of Perfectmatch.com and use the Service. This Agreement sets out the legally binding terms of your membership in the Service. Membership in the Service is void where prohibited.
2. Term and Termination. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign pages in Account Settings, or on receipt by Perfectmatch.com of your notice of termination by email, fax or mail. Perfectmatch.com may terminate your membership for any reason, effective on sending notice to you at the email address you provide in your application for membership or another email notice address that Perfectmatch.com that Perfectmatch.com received from you. If Perfectmatch.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: sections 5, 6, 10, 11, 13, 14 and 17.
Auto-Renewal Policy. To ensure you enjoy uninterrupted use of the Service, if you have purchased a membership plan other than an annual plan, your membership will automatically renew 24 hours before expiration. You may disable Automatic Renewal after purchase in the Account Information section, via the Cancel Account link. Additionally, you may terminate your membership at any time, for any reason, by following the Cancel Account instructions on the Account Information tab in Account Settings, or on receipt by Perfectmatch.com of your notice of termination by email, fax or mail. Following cancellation, you will continue to have full access to your membership for the remainder of the term for which you have paid, provided you otherwise are in compliance with this Agreement. Refunds will not be issued for early cancellation nor inactivity. Should a refund be granted, for any reason, in any form (a credit or a complimentary subscription), the maximum refund allowed per member will be equal to three months of service, or $99.00, whichever is greater.
By providing us with your payment information, you authorize and instruct us to bill your credit card account for the amount of your initial subscription fee, and to bill that account again each time that the current term of your subscription is about to expire in the future. If at any time you do not want to automatically renew your subscription in the future, please make appropriate changes in the Account Information section, located under "My Account", off of the "Account Management" tab, on the My Home Page.
3. Member ID and Password. As part of the member registration process, you will be asked to select a user name ("Member ID") and password. We may refuse to accept any Member ID for any reason, including that the proposed Member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or otherwise infringes on other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You may have only one Member ID. You 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 'My Home' Page after logging on to Perfectmatch.com, and immediately notify us by emailing us at ms@Perfectmatch.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
4. Unauthorized Use. The Website and the Service are for the personal use of individuals only, for purposes consistent with the Website and Service and this Agreement. You may not use the Website or Service in connection with any commercial or group activities or resell the Service. Organizations, companies or businesses may not become Members and may not use the Service or the Website for any purpose. Collecting Member IDs or email addresses of members, or other information on the Website, by electronic or other means, is prohibited. Framing of or linking to the Website without written permission from us is prohibited.
5. Proprietary Rights in Content and Profiles on Perfectmatch.com. Perfectmatch.com and its licensors own and retain all proprietary rights in the Website and the Service. The Website contains copyrighted materials, trademarks, and other proprietary information of Perfectmatch.com and its and licensors. You may not copy, modify, publish, transmit, distribute, perform, display or sell any Website material or information. Perfectmatch.com is a trademark of MarketRange, Inc. You hereby acknowledge and agree that the Website is the owner of highly valuable proprietary information, including without limitation, the proprietary Duet compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, "Confidential Information"). the Website owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information. By posting information, your profile, and/ or content to any profile pages or public area of the Services such as Dr Pepper Schwartz Advice, you automatically grant, and you represent and warrant that you have the right to grant, to the Website and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, transfer, publicly perform, publicly 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 sub-licenses of the foregoing. By posting Content to any public area of The Website, you automatically grant, and you represent and warrant that you have the right to grant, to The Website, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public posting and use of your content by The Website will not infringe or violate the rights of any third party.
6. Content Posted on the Site.
- You are solely responsible for any materials (including profiles or photos) and messages (collectively, "Content") that you publish or display (hereinafter, "post") on the Website or via the Service, or transmit to other Members.
- By posting Content to any public area of Perfectmatch.com, you automatically grant, and you represent and warrant that you have the right to grant, to Perfectmatch.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute and sell 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.
- You understand and agree that Perfectmatch.com may review and remove any Content that in the sole judgment of Perfectmatch.com violates this Agreement or which, in the sole discretion of Perfectmatch.com, might be offensive or illegal or might violate the rights of, harm, or threaten the safety of Members.
- The following is a partial list of the kind of Content that is prohibited on the Website. Perfectmatch.com reserves the right to investigate and take appropriate action in its sole discretion (including notifying legal authorities) against anyone who violates this provision, including without limitation, removing the offending communication from the Website and Service and terminating the membership of such violators. It includes Content that:
- may be offensive to Website users, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or enables unauthorized copying of another person's copyrighted or other proprietary work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing music or links to music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- exploits anyone under the age of 18 in a sexual or violent manner;
- solicits personal information from anyone under 18;
- provides instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial, unauthorized or unlawful purposes from other users;
- engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- otherwise is inappropriate for the Website, in Perfectmatch.com's sole judgment.
- You must use the Website and the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You acknowledge and agree that the Website may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend the Website's, or a third party's rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
- Notwithstanding any other provision of this Agreement or the Privacy Statement, the Website reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, the Website 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 the Website, 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 the Website is permitted to make such disclosure.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Perfectmatch.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Perfectmatch.com reserves the right to restrict the number of emails that a Member may send to other Members in any 24-hour period to a number which Perfectmatch.com deems appropriate in its sole discretion.
- WARNING: It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Website 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. Perfectmatch.com 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.
8. Member Disputes. You are solely responsible for your interactions with other Perfectmatch.com Members. Perfectmatch.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members, arising from or related to the Website.
9. Privacy. Use of the Website and the Service is subject to our Privacy Policy, which is part of this Agreement with you. Please refer to our privacy policy for information about our use and disclosure of your information.
10. DISCLAIMERS; NO WARRANTIES. Perfectmatch.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service.
Perfectmatch.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
Perfectmatch.com 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, user or Member communications.
Perfectmatch.com 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 the Website, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or in connection with the Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE WEBSITE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE WEBSITE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Perfectmatch.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. You understand and acknowledge that it is possible for third parties, acting illegally, to access your account and that Perfectmatch.com cannot be responsible for this risk or other third party illegal activity.
11. Limitation of Liability.
- Incidental Damages and Aggregate Liability. IN NO EVENT WILL THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE WEBSITE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE WEBSITE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID THE WEBSITE FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$20.00 OR ITS EQUIVALENT.
- No Liability for non-the Website Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. the Website and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that the Website and its contractors will have no liability to you arising from any incorrectly verified information.
13. Disputes. If there is any dispute between us about or involving the Website or the Service, you agree that the dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts located in King County in the State of Washington.
14. Indemnity. You agree to indemnify and hold Perfectmatch.com, 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 Website or the Service in violation of this Agreement or arising from a breach of this Agreement or any breach of your representations and warranties set forth in this Agreement.
15. Advertisers and Links. The Website may contain links to third party websites, endorsers or advertisers. The third party websites, endorsers or advertisers are not under the control of Perfectmatch.com, and Perfectmatch.com is not responsible for the contents, services or goods of any third party websites, endorsers or advertisers. The inclusion of any link is as a convenience and does not imply endorsement by Perfectmatch.com of the website or any association or relationship with its operators.
16. No Professional Advice. The information and materials available through the Perfectmatch.com Website including the advice of relationship advisers, is for information and educational purposes only and is not a substitute for the professional judgment of a licensed mental health practitioner. Perfectmatch.com, the Website and the Services do not provide psychological advice or medical or diagnostic services. Your reliance upon information and materials obtained by you at or through the Website is solely at your own risk.
17. Other. This Agreement, accepted on your use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Perfectmatch.com regarding the use of the Website and the Service. 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.
Perfectmatch Terms & Conditions Last Updated: October 29, 2008
Trademarks/Legal Information
