Terms and Conditions

TERMS OF USE

Updated May 20, 2024

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“TERMS OF USE”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MATCHMAKING FOR THE SOCIALLY CHALLENGED, LLC.

SECTION 16 OF THESE TERMS OF USE CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF USE. IN PARTICULAR, SECTION 16 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 16 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. INTRODUCTION

Matchmaking for the Socially Challenged, LLC, and its affiliates (“Company,” “we,” “us,” “our”) offers personalized matchmaking services for autistic, developmentally delayed & neurodivergent adults.

These Terms of Use detail how you and our members, applicants, Clients, Candidates, attendees, and other users (collectively, “you,” your,” or “Users”) can and cannot use our website accessible at: https://matchmakingforme.com/ (“Website”), and certain features thereof, or any other method agreed between us for the purpose of receiving our matchmaking and coaching services or related services, including those related to RSVPing and/or attending events which are advertised, featured, hosted, or otherwise disseminated through the Website (collectively, “Service(s)”). The term “Users” shall also include Our clients, who are working with us for the provision of our Services (“Clients”), as well as third parties We source as potential matches for our Clients (“Candidates”).

While we do our best to enforce these Terms of Use, we do not warrant or represent that other Users will in fact adhere to the Terms of Use, nor can we act as insurers or accept any liability for their failure to do so.

2. REGISTRATION, VIOLATION OF TERMS AND PRICE CHANGES

Service Registration Process. Users who are interested in our Services will do so by choosing the appropriate Service and make payment on the website. Soon after, the company will send the appropriate client agreement for signatures. All applicants will be considered; however, we have complete control and discretion regarding who is granted membership. The relevant terms of the client agreement may vary depending on the state where you are located, and applicable state law requirements. These Terms of Use should be read in conjunction with your client agreement and shall govern our relationship, to the extent applicable to such Service (with the client agreement always taking precedence, in the event of conflict or inconsistency

Right to Modify Pricing for Services. We reserve the right to raise or lower the cost of our Service membership fees, in-app purchases, and other charges, and to create additional tiers or types of membership, at any time. Any such changes will take effect in the next billing cycle after their announcement.

Violation of Terms of Use. If at any time we believe, in our sole discretion, that a User has violated any provision of these Terms of Use, we may immediately terminate that User’s membership and all other access to the Service without any refund or other remedy, and all fees due to us up to the end of the then-current billing cycle at the time of such termination shall remain payable to us. Such termination will not limit any other right by us under contract, tort, or any other legal theory to pursue any claim or cause of action against the User for violating the Terms of Use, including without limitation, monetary damages, injunctive relief, attorney’s fees, and court costs.

3. ELIGIBILITY TO USE WEBSITE AND SERVICES

By accessing or using the Website in any way, clicking on a button, or taking a similar action to signify your affirmative acceptance of these Terms of Use, you hereby represent that:

You have read, understand, and agree to be bound by these Terms of Use and any future amendments and additions to these Terms of Use as published from time to time at this link or through the Website;
You are 18 or older;
You have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal, or local sex offender registry;
You have the authority to enter into these Terms of Use personally, or on behalf of the User (in case of parents or guardians). Except as otherwise provided herein, if you do not agree to be bound by these Terms of Use, you may not access or use the Website; and
You will comply with all applicable laws, including those of the country, state, and city in which you are present while using the Service.

4. ACCESS TO WEBSITE

Access. We reserve the right to temporarily deny you access to the Website or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by these Terms of Use or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Website, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges.

Prohibited Commercial Use. The Website is for personal use only. You may not use the Website or any features or content contained in the Website (including, but not limited to, content of other Users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavours, such as promotion of a business, or advertising or soliciting any User to buy or sell any products or services not offered by the Company. Users of the Service may not use any information obtained from the Website to contact, advertise to, solicit, or sell to any other User without his or her and our prior written consent. Organizations, companies, and/or businesses may not use the Website for any purpose except with our prior written consent, which consent may be withheld in our sole discretion.

5. ACCEPTABLE USE POLICY

By using the Website and/or any other means to obtain our Services, you agree that:

You will only use the Website/Service for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
You will not use the Website/Service to harass, intimidate, abuse, bully, exploit, threaten, or stalk others, or to otherwise cause nuisance, annoyance, or inconvenience.
You will not use the Website/Service to solicit personal information from anyone under the age of 18 or to solicit payment from any User.
You will not use the Website/Service, or any content accessible through the Website/Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Users.
You will not violate the publicity or privacy rights of another individual.
You will not copy or distribute any content displayed through the Website/Service.
You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Website/Service except for your personal, non-commercial use.
The information you provide to us or otherwise communicate with us is accurate.
You will not use the Website/Service in any way that could damage, disable, overburden, or impair any of our servers, or the networks connected to any of our servers.
You will not attempt to gain unauthorized access to any part of the Website/Service and/or to any service, resource, computer system, and/or network connected to any of our servers.
You will not deep link to the Website/Service or access the Website/Service manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the Website/Service or any content on the Website/Service.
You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Website/Service.
You will not impersonate another person, act as another entity without authorization, or misrepresent your identity, status, qualifications, or affiliations.
Your “User Content” as defined in Section 9 of these Terms of Use, does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors.
Your User Content does not violate any state or federal law designed to regulate electronic advertising.
Your User Content does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us in our sole discretion.
Your User Content will not contain any material deemed illegal or inappropriate and you or your User Content may be subject to remedial actions if found to violate these Terms of Use.
Your User Content does not infringe upon any third-party intellectual property rights.

Right to Investigate & Remediate. The Company reserves the right to investigate, suspend, or terminate your Client membership if you misuse the Website/Service or act in a way the Company regards as inappropriate, improper, unlawful, or not in conformance with either these Terms of Use or the values and mission of the Company, including actions or communications that occur outside of the Website/Service.

6. SAFETY & INTERACTING WITH OTHER USERS

The Company is not responsible for the conduct of Users on the Website, or such other means through which our Services are provided. You agree to use caution in all interactions with other Users – especially if you decide to communicate with a User directly or meet in person. You agree that you will not provide your financial information (e.g., credit card or bank account information) to another User, or wire or send money to another User.

YOU ARE SOLELY RESPONSIBLE FOR THE INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY IS NOT OBLIGATED TO CONDUCT CRIMINAL SCREENINGS OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR TO OTHERWISE INQUIRE INTO THE BACKGROUNDS OF ITS USERS, ALTHOUGH IT MAY DO SO AT ITS DISCRETION. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS.

7. INFORMATION AVAILABLE VIA WEBSITE

While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Website, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Website and expressly disclaim liability for errors and omissions in the contents of our Website. Any use or reliance on any content or materials posted via the Website or obtained by you through the Website is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.

8. THIRD-PARTY MATERIAL & WEBSITES

Third Party Websites. The Website may contain links to third-party websites that are not owned or controlled by the Company, or that may be accessible by logging in through a third-party website. If you choose to access or use such third-party websites, you hereby represent and warrant that you have read, understand, and agree to be bound by all applicable policies of any third-party website and that you will act in accordance with those policies, in addition to your obligations under these Terms of Use.

The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of, or opinions expressed in any third-party websites. In addition, the Company will not and cannot monitor, verify, censor, or edit the content of any third-party site. By using the Website, you expressly relieve and hold harmless the Company from any and all liability arising from or in any way connected to your use of any third-party website.

Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of or in any way connected to any such dealings. If there is a dispute between participants on this Website, or between Users and any third party, you understand and agree that the Company is under no obligation to become involved.

9. USER SUBMISSIONS & CONTENT

User Content. If the Website allows you to post any User Content, now or in the future, you are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Website or as part of your access and use of any Services or transmit to other Users, including, but not limited to, messages, videos, music, photographs, or text, whether publicly posted or privately transmitted (collectively, “User Content”).

You represent and warrant that:

All information that you submit upon joining as a Client, including information submitted from your account on social networking website/apps, is accurate and truthful, and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading, or false;
You have the right to post the User Content on the Website and grant the licenses set forth below; and
Your User Content does not violate Section 10 of these Terms of Use.

Licensing. By posting User Content, you grant us a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute the User Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving our Website and Services and researching and developing new ones. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Website and terminating or suspending the Client membership of such violators.

Content Retention. You agree that the Company may access, preserve, and disclose your information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

Comply with legal process;
Enforce these Terms of Use;
Respond to claims that any User Content violates the rights of third parties;
Respond to your requests for customer service or allow you to use the Website in the future; or
Protect the rights, property or personal safety of the Company or any other person. You agree that any User Content you place on the Website may be viewed by other Users and may be viewed by any person visiting or participating in the Website or Services (such as individuals who may receive shared User Content from other Users)

Third Party Material. Under no circumstances will we be liable in any way for any User Content or other content or materials of any third parties (including by users), whether posted in Website or otherwise, including, but not limited to, in connection with any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.

10. INAPPROPRIATE CONTENT

Prohibited Activities. The Company reserves the right to investigate, suspend or terminate your access to the Website if you misuse the Website or act in a way the Company regards as inappropriate, improper, unlawful, or not in conformance with the values and mission of the Company, including actions or communications that occur outside of the Website. Such inappropriate, improper, and unlawful behavior includes, but is not limited to:

Emailing or otherwise uploading any User Content prohibited by these Terms of Use;
Interfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
Violating any applicable local, state, national or international law, or any regulations having the force of law;
Harassing, intimidating, abusing, bullying, exploiting, threatening, or stalking others;
Disclosing the identity of any user;
Taking screenshots or otherwise copying, disclosing or sharing content from the Website;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Soliciting personal information from anyone under the age of 18;
Soliciting payment from any user;
Harvesting or collecting email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Promoting, marketing, advertising or offering to sell or buy any goods or services for any business purpose that is not specifically authorized;
Interacting with others in an aggressive, disrespectful, distasteful or otherwise improper way, as determined in our sole discretion,
Making any statement, whether by posting of content or otherwise, that is hate speech, threatening, racist, pornographic, sexually explicit, libelous, defamatory, promoting violence or weapons, commercial in nature, or otherwise deemed improper in our sole discretion;
Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities;
Obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website;
Misrepresenting your identity, status, qualifications or affiliations; and
Disclosing information that you do not have the right to disclose.

Content Monitoring. You understand and agree that the Company may, but is not obligated to, monitor or review any User Content you post as part of a Website. The Company may delete any User Content, in whole or in part, that in the sole judgment of the Company violates these Terms of Use or may harm the reputation of the Website or the Company.

Flagging Inappropriate Content. If you believe that someone has posted material at the Website which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable or inappropriate, or which constitutes child pornography, we ask you to flag the post to our attention by contacting us at the following address: jill@matchmakingforme.com.

When emailing us to complain about inappropriate or infringing content, please provide as much detail as possible, including:

the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed);
all facts which lead you to believe that a right has been violated or infringed;
the precise location where the offending material is located;
any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and
if known, the identity of the person or persons who posted the infringing or offending material.

We are committed to responding to all allegations of User Content in violation of these Terms of Use and seek to review all flagged User Content without undue delay.

11. INTELLECTUAL PROPERTY OWNERSHIP AND FEEDBACK

Ownership. Our Website contains trademarks, copyrighted material, intellectual property, and other proprietary information of the Company. We own, control, or retain licenses to all proprietary rights in the Website and Services. You cannot copy, alter, duplicate, transmit, post, publish, display, sell, or publish any of our proprietary information unless the information is in the public domain, or we have given you explicit written permission. No rights are granted to you hereunder other than as expressly set forth herein.

Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.

12. PRIVACY

We have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use your personal information. By agreeing to these Terms of Use, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

13. INDEMNIFICATION

You agree to indemnify and hold harmless the Company, and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Website; (c) your violation of these Terms of Use and/or our Privacy Policy; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Website or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. We reserve the right, at our 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. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Website. You agree that the provisions in this Section will survive any termination of your Client membership, this Terms of Use, or your access to the Website.

14. DISCLAIMER OF WARRANTIES

The Company does not warrant, and is not responsible for, any inaccurate or incorrect User Content that is provided or transmitted by our Users, or that is associated with the Services in any way. We are not responsible for the actions, words, or conduct, whether online, offline or otherwise, by any User of the Website. We are not responsible for any errors or delays in communications between Users. We are not responsible for the User Content of messages or in-person communications between Users. The Company is not responsible for any damage to Users, including but not limited to, loss, damage, personal injury, theft, or death resulting from anyone's use of the Website or Services. We are not responsible for any technical malfunction, failure, or damage to your computer as a result of using or visiting the Website.

The Company does not guarantee that using the Website or Services will result in meeting someone offline or online, and we do not guarantee that using the Website or Services will result in any type of relationship or relationship potential between you and another person or group of people. The Company does not guarantee your compatibility with any other Users, whether recommended, suggested, or not. Any advice that may be posted on the Website is for entertainment purposes only, and you agree that it is not to be used to substitute for any professional relationship, or medical, financial, legal, or other advice.

15. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY OR DEATH (BUT EXCLUDING PERSONAL INJURY OR DEATH CAUSED BY THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS.  THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE WEBSITE (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED.

16. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 16 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

a. Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website or as a consumer of our services, to any advertising or marketing communications regarding us or our Service, to any products or services sold or distributed through the Website that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our Website will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Company, may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

b. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send us a letter requesting arbitration and describing your claim. The arbitration will be conducted by JAMS under its rules. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the county where you live or at another mutually agreed location.

c. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.

d. Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 16(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

e. Waiver of Class or Consolidated Actions. YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 17.

f. Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can force the other to arbitrate as a result of this Agreement. To opt-out, you must notify the Company in writing no later than 30 days after sending or receiving notice of an informal dispute resolution under Section 16(b). Your notice must include your name and address, your email address (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: jill@matchmakingforme.com. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.

g. Survival. This Arbitration Agreement will survive any termination of your relationship with us.

h. Modification. Notwithstanding any provision in the Terms of Use to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.

17. CHOICE OF LAW

These Terms of Use, and any dispute between you and the Company, shall be governed by the laws of the State of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act. For users residing in any jurisdiction where this Arbitration Agreement is prohibited by law, the laws of the State of New York, excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use. All claims arising out of or relating to these Terms of Use or the Website but not eligible for arbitration will be litigated exclusively in the federal or state courts located in the State of New York and you and the Company consent to personal jurisdiction in those courts.

18. TERMINATION

At our sole discretion, we may modify or discontinue the Website, or may modify, suspend, or terminate your access to the Website, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Website, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, or injunctive redress. Even after your right to use the Website is terminated, these Terms of Use will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of the Terms of Use.

19. GENERAL PROVISIONS

a. No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, us or any third-party provider as a result of these Terms of Use or use of the Website.

b. Severability. Except as otherwise provided herein, if any provision of the Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

c. Electronic Communications. For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.

d. Entire Agreement. The Terms of Use is the final, complete, and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.