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Important Legal Notices
and
Disclaimers
Before using this Web site, please read the Terms of Use set
forth
below. By using this Web site you agree to be bound by the Terms of
Use. LDS
Matching.com and its affiliates and subsidiaries ("We" or
such conjugation thereof as the
context may require) reserve the
right to review and revise the Terms of Use from time to time
without
prior notice and, by using this site subsequent to any revision of
the Terms of
Use, you agree to be bound by such changes. If you find
the Terms of Use to be unacceptable,
you must immediately terminate
your use of this Web site.
1. No
Representations Or Warranties
The services provided on this Web site and the
content,
information, documents, graphics and images published at this Web
site could
include inaccuracies, typographical errors or other
errors. We make no commitment, however, to
update what is contained
in this Web site. Furthermore, we reserve the right to
temporarily,
or permanently, modify, alter, discontinue or delete the same without
prior
notice. Consequently, TO THE EXTENT PERMITTED BY LAW,
THE SERVICES AND INFORMATION ON
THIS WEB SITE ARE PROVIDED "AS IS,"
AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE HEREBY
DISCLAIMED, AND YOU HEREBY WAIVE ALL
SUCH WARRANTIES. Users of this Web site should not
rely upon
opinions expressed at this Web site when making business, financial,
personal or
other decisions. Furthermore, we do not endorse the
opinions of third parties expressed on
this Web site or on linked Web
sites.
2. User
Warnings/User Conduct
We make certain services available, including without
limitation,
email, chat rooms, message boards and other community services;
provided that
you agree to abide by the terms and conditions
contained in these Terms of Use. Without
limiting the generality of
the foregoing, in consideration for our providing such services,
you
also agree not to:
1.Violate any applicable law, regulation or
rule;
2.Harass, offend, threaten, embarrass, distress or invade the
privacy of
any individual or entity;
3.Post or transmit any commercial, advertising or
promotional
materials, including without limitation, "spam" or
mass
distributions;
4.Provide false information on your registration form
or
impersonate another person at any point;
5.Post or transmit false,
inappropriate, improper, disorderly or
excessive messages or information.
6.Post
any material that infringes upon any third party's
copyright, trademark, patent or other
intellectual property right.
7. When you create an account using an email
adress our system
will respond to you with account information. If you sign up or place
ads
using that email address and that email address has an auto
responder we will delete your
account and all ads and you will not
get a refund.
If you violate such terms, we
may, without prior notice and
without liability to you, ban you from any and all
services,
terminate your registration, delete your messages or postings, and
take any other
action we deem appropriate in our sole discretion.
With reference to any
services we provide, you acknowledge that we
may, from time to time, without notice to you and
at our sole
discretion, establish various practices, limitations and restrictions
for
administering such services, including without limitation: how
often a service or account may
be accessed; the maximum number of
days that messages or postings will be retained; the
maximum number
of messages or postings allowed; the size and nature of messages
and
postings; the maximum storage space available for an account; and all
other matters
related to administration of services, and you agree to
be bound by such practices. You agree
that we are not responsible or
liable for deactivation or deletion of accounts or for loss
of
emails, communications, postings, data or information as a result of,
or arising out of,
our administration of such services.
We assume no responsibility for the
accuracy, integrity, quality
completeness, usefulness or value of any content, data,
documents,
graphics, images, information, advice, or opinion contained in any
emails,
message boards, chat rooms or community services, or in any
other public services, and do not
endorse any advice or opinion
contained therein. We do not monitor or control such
services,
although we reserve the right to do so. We may take any action we
deem
appropriate, in our sole discretion, to maintain the high
quality of our service and to
protect ourselves and others.
3. Web Site Links And
Third-Party Sites
This Web site may contain links to other Web sites which
may or
are independent of this Web site. We make no representation or
warranty as to the
accuracy, value, integrity, completeness or
authenticity of the information or opinions
contained in any such
linked Web site, and any link to another Web site shall not in
any
manner be construed as an endorsement by us of that Web site, or of
the products or
services described therein. Furthermore, these
links may lead to sites or links that
contain offensive and
objectionable content or which may contain dangerous
computer
viruses. You assume, and we hereby disclaim, all responsibility for
any of the
content on these sites or for any damage sustained by
users of these sites.
4. Confidentiality
Your
confidential use of this site cannot be guaranteed by us. We
shall not be responsible for any
harm that you or any person may
suffer as a result of a breach of confidentiality in respect
to your
use of this site. 5. Security You may have an account
and password.
You are responsible for maintaining the confidentiality
of your password and account
information and are fully responsible
for all conduct carried out under this password and
account. We are
not liable for any loss of confidentiality or for any damages arising
from
your failure to comply with these terms. You will promptly
report any unauthorized use of your
password to us.
6. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES,
CONTRACTORS,
SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS OR
ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL
OR OTHER INDIRECT
(INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR
IN
CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER
MATERIALS PROVIDED OR
AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS
OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY
ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES
AROSE IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHER LEGAL BASIS. THE TERM
"DAMAGES" INCLUDES, WITHOUT LIMITATION,
ATTORNEY FEES, ANY LOST PROFITS, BUSINESS
INTERRUPTION AND LOSS OF
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.
YOU
ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE
FOREGOING ALLOCATION
OF RISK AND SUCH ALLOCATION OF RISK IS A
SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE
SERVICES, WEB SITE AND
OTHER CONTENT AND MATERIALS.
7. Ownership
All right, title and
interest (including all copyrights,
trademarks and other intellectual property rights) in this
Web site
belong to us or our licensors. In addition, the names, images and
other indicia
identifying our products and services are our
proprietary marks. A partial list of trademarks
owned by us is set
forth in Section 14 of these Terms of Use. All other
copyrights,
trademarks and other intellectual property rights referred to in this
Web site
belong to their respective owners. 8. License
Nothing contained in this Web site
shall be construed as conferring
any license or right, expressly, by implication, by estoppel
or
otherwise, under any of our intellectual property rights, or under
any third party's
intellectual property rights, and no part of this
Web site may be reproduced, republished,
copied, transmitted, or
distributed in any form or by any means. 9. Claims
of
Copyright Infringement LDS Matching.com respects the
intellectual property of
others and may, in appropriate circumstances
and at its discretion, terminate the accounts of
users who infringe
the intellectual property rights of others. If you believe that
any
material on this Web site infringes on any copyright which you own or
control, or that
any link on this Web site directs you to another Web
site that contains material that
infringes on any copyright which you
own or control, you may file a notification of such
infringement with
our designated agent to have the material removed or otherwise
blocked
from access. Please see the NOTICE AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT.
10. Indemnification
YOU AGREE TO
HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS,
DIRECTORS, EMPLOYEES, SUBSIDIARIES,
CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND
ASSIGNS
FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING
REASONABLE
ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR
USE OR MISUSE OF THIS SITE, ANY
SERVICES THEREIN, OR FOR INFRINGEMENT
BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR
OTHER RIGHT OF
ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR
ANY
MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO
COOPERATE WITH US IN SUCH EVENT.
11. Governing Laws in Case of
Dispute
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH
THE LAWS OF THE STATE OF CALIFORNIA AND DELAWARE,
USA, AS THEY APPLY TO AGREEMENTS MADE AND
SOLELY PERFORMED THEREIN.
YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO
PERSONAL
JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN
MARIPOSA COUNTY,
CALIFORNIA, USA, AND YOU SHALL NOT COMMENCE OR
PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE
FOREGOING COURTS.
12. International Use
We do not represent that all content, materials and services on
our Web
site are appropriate or available for use in all geographic
locations, especially some
locations outside the United States, and
accessing such from certain locations may be illegal
and prohibited.
Those who do access content, materials and services from such
locations act
on their own initiative and we are not responsible for
their compliance with local laws or
other applicable laws. You will
not access the foregoing where prohibited by law.
13. Integration; Severability; General
These Terms of Use incorporate by reference any notices contained
on this
Web site and constitute the entire agreement with respect to
your access to and use of this
Web site. We may modify these Terms of
Use at any time by posting revised Terms of Use on our
Web site and
your continuing use of such Web site and the services constitutes
your
agreement to be bound by such modified Terms of Use. Any
provision of these Terms of Use which
is determined by a court of
competent jurisdiction to be unenforceable in any jurisdiction
shall
be severable from these Terms of Use in that jurisdiction without in
any way
invalidating the remaining provisions of these Terms of Use.
The unenforceability of any
provision in a given jurisdiction shall
not make that provision unenforceable in any other
jurisdiction. Any
litigation arising out of or in connection with these Terms of Use
or
your use of our services must be commenced within one (1) year after
the cause of action
arose, or it will be permanently barred.
14.
Trademarks
The following is a partial list of trademarks and service
marks
owned by LDS Matching.com.
15 Fees, refunds,
insuficient funds, fraud, bounced checks.
We report all bounced checks, credit card
fraud, incorrect
information on credit card transactions to local, state,
federal
authorities and collection agencies. We charge $50.00 for bounced
checks and for
reversed credit from your credit card company. Faliure
to pay the $50.00 fee will result in us
filing with a collection
agency and reporting you to authorities. Your account will be
shut
down
Under some cercumstances we do make refunds. Refunds can be
for
reasons listed below but not limited to:
1. placing an ad in a wrong
category,
2. placing an ad 2 or more times in the same category during the
same
or similar time duration before the original ad expired for the
time duration the ads was
givien.
We reserve the right to charge fees for our services and to change
the
fee(s) structure at anytime without prior notice. To
receive a refund for a reason you
feel is appropriet contact us at
services@ldsmatching.com and give us your ad number, email
address
you used to place the ad and why you feel you deserve a refund. We
reserve the
right as to what determines a refund. If we feel your
issue does not deserve a refund and your
credit card company reverses
the charges then the information in section 15 first paragraph
will
apply and your account with us could be closed and your ad deleted. A
refund does not
mean your account with us or ad will be closed
or
deleted.
16.Communication by email
We will send you
emails for promotions, new account information,
request for user name and password and other
information. Emails you
receive from can be from ldsmatching.com.
If you ever report us as SPAM we will
close your account and any
money you have paid us will not be refunded. We could sue you
for
filing a false complaint or statements against us which could be for
court cost,
lawyers fees, loss of revenue and business expenses.
17
Meeting
If you should decide to meet anyone from this web site or from any
web
site always take a friend with you and meet in day light and in
public. Be sure you have your
own transpertation to the dating
location and that you have your own transpertation home. It
is not
wise to go to your dates house on the first date. Exercise extreme
caution when
meeting new people.
18 Purpose of this web
site
The purpose of this web site is for single Mormons (LDS) to find
friends
and possibly a spouse. To join this service you agree that
you are single or divored or
widowed. Married persons are not to use
this service.
© 2005 LDS
Matching.com All rights not expressly granted
herein are reserved.
LDS
Matching.com, the LDS Matching.com Logo, and related marks are
trademarks of LDS
Matching.com
© 2005 LDS Matching.com All rights
reserved.
Content
copyright © 2005
LDS
Matching.com.