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Welcome to Traditional Matchmakers, Inc (TMM) where the best people meet their match. In order to use the TMMs site ("Site"), you must register as a client of TMM and be granted access to and allowed to use the Site. Once you have been granted this right, you will then become one of TMMs clients ("Client") and agree to be bound by these Terms and Conditions. If you wish to become a Client and be matched with and/or communicate with TMMs other Clients, you must agree to abide these Terms & Conditions. These Terms and Conditions set out the legally binding terms of your relationship as a Client with TMM and ARE LEGALLY BINDING.
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Eligibility. You must be twenty-one (21) years of age or older to be considered to be a Client of TMM or to register for use of this Site. Additionally, to be a Client of TMM, you must submit a recent photograph of yourself and submit to a telephone interview with one of our matchmakers. You cannot become a Client if you have a criminal record. You cannot have been convicted of more than one (1) DUI, DWI or similar offense within the past three (3) years. Your eligibility to become a Client is also contingent upon matchmaker approval following your telephone interview. Finally, should we discover out that ANY information you have provided to us or your matchmaker is false, we have the right to declare you no longer eligible for our service. We strongly and expressly reserve the right to work only those Clients who we have interviewed and determined that we can work with. Membership in our service is void where prohibited by law, state, federal, international or otherwise. By using this Site, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and you hereby agree to abide by all of the terms and conditions of this Agreement. |
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Term. This Agreement will remain in full force and effect while you use our Site and/or are a Client of TMM. Furthermore, portions of this Agreement pertaining to indemnifications, releases, waivers and covenants not to sue will survive past the time when you are no longer are a Client of TMM, specifically, sections 8, 9, 10, 11, 13 & 14, below. You may terminate your membership with our service at any time, for any reason, by following the instructions in the Account Status section of the My Account Section, or upon receipt by TMM of your written or email notice of termination. TMM may terminate your access to the Site. TMM may also terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to TMM. If TMM terminates your membership with TMM as a result of your actions that are in breach of this Agreement or because you place another of our clients at risk, you will not be entitled to any refund of any unused membership fees paid, TMM agrees that the client will receive five introductions over the period of one year, commencing from the date of client’s account activation. If the client becomes unavailable to be introduced, or neglects to follow through on proposed matches through the expiration of your membership, TMM will not be obligated to provide remaining introductions. An introduction will be counted once two clients have met each other in person, or in the case that a client has accepted a match but has not followed through in contacting the other client within the time period allowed. |
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Non-Commercial Use by Members. TMMs Site is for the personal use of our individual Clients only and may not be used in connection with any commercial endeavors by you. We do not sell or publish a listing of our Clients and you will not have, at any time, full access to all of the personal information regarding all of our Clients or membership. Organizations, companies and/or businesses may not become Members of TMM and cannot use TMMs service or Site for any purpose. Illegal and/or unauthorized uses of the Site, including also, unauthorized framing of or linking to the Site will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. |
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We Own the Contents and Information in Our Site. TMM owns and retains other proprietary rights in the TMM Site, TMMs Service and its business model and method of doing business and making matches. The Site contains the copyrighted material, trademarks, and other proprietary information of TMM. Except for that information which is in the public domain or for which you have been given our express permission, in writing, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. |
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What You May (or may not) See on Our Site You understand and agree that TMM may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of TMM violates the terms of this Agreement or which might be illegal or offensive to or might violate the rights, harm or threaten the safety of TMM or our other Clients.
For example, the following is a non-exclusive list of content that you may put or write while on our Site that is impermissible, illegal or prohibited on the Site. TMM will investigate and take appropriate legal action, in its sole discretion, relating to any Client who violates this provision, including without limitation, removing the offending communication from the Site and terminating the Clients Membership. It includes Content that:
- Is patently offensive to our Clients or the community in general, for example statements or content that promotes racism, bigotry, hatred or physical harm of any kind;
- Harasses or advocates harassment of another Client or places another Client at risk;
- Contains or involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- Contains or promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Displays or promotes pornographic or sexually explicit material of any kind;
- Contains or provides material that exploits people under the age of 18 in a sexual or violent manner;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
TMM reserves the right, but is not obligated to, monitor, edit or disclose any type of posting or message in the interactive areas of the Site to ensure your compliance, and the compliance of other Clients, to these Terms and Conditions, if required in the course of normal operation and maintenance of the Site, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of TMM or others; or (iii) act to protect the personal safety of our Clients or the public. TMM, however, has no liability or responsibility to Clients or any other person or entity for performance or nonperformance of the aforementioned screening activities.
TMM will generate a client profile for you based upon the information you provide to us and our matchmakers. You will be responsible for maintaining the accuracy of your profile. You will also be required to approve your profile prior to the time when we allow other clients to view your profile. You will also have the ability to regulate the distribution of your photographs and may elect, although we strongly discourage it, not to allow us to share your photos with our other Clients.
We will not allow Clients or non-clients to surf or browse through our client profiles. Access to our Client profiles will be given to other Clients only when they have been matched to you. However, all of our matchmakers will have full access to your profile and all of the information that you provide to us, including your pictures.
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Playing Well with Others. You are solely responsible for your interactions, meetings, phone calls, emails and messages with other TMM Clients. TMM has the right, but is under no obligation, to monitor, meditate or resolve any disputes, arguments or problems that may arise between you and any other TMM Client.
Additionally, you agree to use common sense when interacting with TMMs other Clients, as this is an online dating service. The following is a non-exclusive list of things that we consider to be common sense when dating on-line or off-line with our service:
- Begin your relationship with our other Clients SLOWLY. You should first use our internal messaging system to begin communications with our other Clients. Remember the internal messaging system will not reveal your identity and you will, therefore, be able to protect your identity until the time that you are ready. Nonetheless, you should watch out for strange or unusual behavior. While we have done our best to ensure that the person you are communicating with is what and who he/she represents him/herself to be, you still need to trust your feelings. If anything makes you uncomfortable, walk away for your own safety and protection and then do two things, let us know why you walked away so that we can address any issues for your safety and for the safety of our other clients and request another match.
- You should carefully protect you anonymity. All contact between you and our other Clients should, again, begin via our internal messaging system, not your personal email programs at home or work. Remember this messaging system does not reveal any personal contact information about you. When you are ready, and only when you are ready, you should give out your contact information, you feel you want to give out to facilitate a relationship with our other Client(s). If someone trys to pressure you into revealing this information or attempts in any way to trick you into revealing it before you are ready, you should not give this information to him/her and let us know what is going on. You really should take as much time as you need to become comfortable with our other Clients before revealing any personal information.
- We encourage every client to allow us to let our other Client to view their photos as part of their profile, but not everyone will let us. If you are communicating with someone who has not let us share his or her photo, you should request one before meeting with him or her or giving out your personal information.
- You dont have to ever meet in person with anyone you have met on our Site. When and if you do decide to arrange a meeting, you always have the right to change your mind and cancel. When you do decide to meet outside of our Site environment, you need to make sure that you are making good, fun and SAFE arrangements. Make sure you let someone know what you are doing and who you are doing it with, even give them a time you will return and where you will be going. You may want to give a friend your dates name and phone number. The first few times, you need to make sure that you and your date meet in a public location where you are sure lots of people will be around. You should not let him/her pick you up at your home. If plans call for a few venues over the course of the evening, make sure you always have your own transportation, or at least money for a cab.
- If something doesnt feel right, end the date. Use your best judgment. If you ever feel in danger, you should call the police. It is okay with us if the date isnt right, and we will try our best, again, to make a match that will work out the next time.
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We Care About Your Privacy. So we have put into place a privacy policy to protect it. Your use of our service and Site is governed by our Privacy Policy. |
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Disclaimers. TMM is not responsible for any incorrect or inaccurate Content posted on the Site or given out in connection with our service and that we provide to you, whether caused by our Clients, matchmakers, service or any of the equipment or programming associated with our Site or used in rendering our service to you. We will, if we discover a problem with someones information, address the problem and perhaps terminate that persons membership with us. TMM will assume 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, Client information and/or communications. TMM will not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-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 any website or combination thereof, including injury or damage to Clients or to any other person's computer related to or resulting from participating or downloading materials on our Site or in connection with the service we provide to you. TMM expressly disclaims any and all warranties of fitness for a particular purpose or non-infringement. Finally, we love when our Clients find good old-fashioned romance, but we expressly do not promise or guarantee that this will happen and, therefore, we do not promise any specific results from use of our Site and/or our service. |
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Limitation of our Liability. Except in those states or jurisdictions where such provisions are restricted, in no event will TMM be liable to you, another Client or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, arising from your use of the Site or our service, even if you, or someone else, advises TMM of this possibility. In consideration for your use of our Site and receipt of our service, you covenant and agree with TMM that you will forever refrain from instituting, maintaining, prosecuting or in any way aiding or asserting any claim, demand or cause of action against TMM, its agents, employees, directors, officers, shareholders, investors, representatives, successors, transferees, assigns or any parent or subsidiary corporation for any injury, disease physical or mental condition, damages, losses, costs or expenses or any kind or nature whatsoever arising from or related to your use of this Site and our service. You understand that this is a binding provision of this agreement and will survive past the time you are no longer a member of our service or allowed to use or access to our Site. Notwithstanding anything to the contrary contained herein, the extent of TMMs liability to you for any cause whatsoever, and regardless of the form of the action, is limited to the amounts you have paid to us for the use of our Site and service during the time you were a member of our service and/or had access to our Site. |
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You Agree to Indemnify Us. In consideration for your use of our Site and receipt of our service, you agree with TMM that you will indemnify and forever hold harmless TMM, its agents, employees, directors, officers, shareholders, investors, representatives, successors, transferees, assigns or any parent or subsidiary corporation from any and all claims, demands, actions, or causes of actions of every kind or character, including reasonable attorney's 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 our Site and/or our Service including any violation of this Agreement, breach of your contract with us, any breach of your representations and warranties given to us, or as a result of your conduct with any other Client of our service during the term of your membership and/or access to our Site. |
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Information We Require. The privacy and security of our Clients is of paramount concern to us. You agree that TMM and any agent acting on its behalf may verify any information that you give to us. In an effort to allow us to verify this information, you expressly authorize and request any and all of your former employees and employers, governmental agencies, self-regulatory organizations, membership organizations, and any other person or entity to furnish TMM or any agent acting on its behalf, any information the person or entity may have concerning your character, ability, business activities, general reputation, driving record, criminal history, if any, credit report or history or any other matter, together with, in the case of former employers, a history of your employment by them and the reasons for the termination thereof. Furthermore, you hereby release each such employer and each such other person utilized by TMM to gather this information from any liability of whatsoever nature for furnishing such information to TMM or any agent acting on its behalf. Further, you recognize that a consumer report concerning you may be ordered by TMM and you expressly authorize TMMs ability to obtain such a report. Should TMM take any adverse action against you based upon information it has obtained from your consumer report, you have the right, upon written request, to obtain the name and the address of the consumer reporting agency used and a copy of the report utilized by TMM in reaching its decision. |
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Payment for the Service. You agree to pay all amounts TMM charges to your credit card, including any and all applicable fees and sales taxes, for the service TMM provides to you, as well as for access and use of our Site. You further agree that TMM may bill your credit card at any time when we are providing our service to you or allowing you access to the Site. If you believe that there is an improper charge by TMM to your credit card, you agree to first notify TMM of this and allow us to attempt to resolve the matter. In any event, you agree to cooperate with TMM in the resolution of the alleged improper charge. |
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Waiver of Our Rights. Any delay or failure on the part of TMM to enforce any of its rights to which it may be entitled under this Agreement shall not, in any event, be construed as a waiver of TMMs right and/or privilege to enforce the right or privilege at any subsequent time. |
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If There Arises Any Dispute Between TMM and You. Since TMM is a business operating in interstate commerce, If a dispute between TMM and you arises related to or regarding, in any way, your use of our Site and/or our service, TMM and you agree that any such dispute will be submitted to binding arbitration with the American Arbitration Association in Atlanta, Georgia. If any legal action, outside of this arbitration is required, you agree to personal jurisdiction and venue in the Superior Courts of Gwinnett County, Georgia. Any dispute between you and TMM will be governed by the laws of the State of Georgia without regard to its conflict of law provisions or the conflict of law provisions of any other state. You further agree, to the extent allowed by law, to a waiver of your right to seek a jury trial. |
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U.S. Export Controls. Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. |
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Where We Are Located, If You Need Us. You should always be able to get us on the net and through the Site. But if you need us, you can write to us at 3210 Peachtree Road, Suite 9, Atlanta, Georgia 30305. |
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General Provisions.This Agreement is accepted, in its entirety, by you when you accept our terms and conditions of use.
These terms and conditions constitute the entire understanding of our relationships with you with respect to your access to our Site and the service we will provide to you. There are no understandings, agreements, conditions or representations, oral or written, express or implied that are not merged herein, expressly referenced herein, or superceded hereby. Any amendment to this merger clause or Agreement must be made in a writing between you and TMM.
This Agreement may be modified by TMM from time to time, effective upon notice to you as a Client, and any such changes will become effective with regard to your relationship with TMM.
The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision or the remainder of this Agreement.
This Agreement is the property of Traditional Matchmakers, Inc. and all rights are reserved. © 2001 Traditional Matchmakers, Inc.
I HAVE READ THE ABOVE TERMS AND CONDITIONS AND AGREE TO ALL OF THE ITEMS CONTAINED ABOVE.
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