Last Revised: August 1, 2019
Thank you for visiting one of the websites of Lightning Speed Matchmaker
(hereinafter “Company”, “us”, or “we”) under the domain
https://lightningspeedmatchaker.com. You are reading this Terms of Use page from
one
of the above sites, referred to herein as “the Website”. The following terms and
conditions of this Terms of Use policy govern your use of this Website and apply
to
your access to, and use of, the Website, including any content contained
therein. By
accessing or using the Website, you are acknowledging and accepting, and agree
to be
bound by, the terms and conditions described herein. These terms and conditions
are
subject to change or modification by the Company at any time and at our
discretion
without notice. You waive any right you may have to receive specific notice of
such
changes or modifications, and your continued use of the Website after any
changes
are implemented constitutes your acceptance of the changes. As a result, we
encourage you to consult the Terms of Use each time you use the Website. If you
do
not agree with the terms and conditions of these Terms of Use, please do not use
or
access the Website.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER
OF
CLASS ACTION PROVISION.
1. Intellectual Property -
You acknowledge and agree that all content and materials available on the
Website
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or
other proprietary rights and laws. Except as expressly authorized by the
Company,
you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit,
publicly display, publicly perform, publish, adapt, edit, or create derivative
works
from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes
of
any materials or design elements on the Website is strictly prohibited without
the
express written permission of the Company. For information on requesting such
permission, please contact us using the contact information listed in Section 6
herein.
2. Third-Party References / Hyperlinks -
The Website may link you to other websites or web pages on the Internet that are
not
operated by the Company (“Third-Party Sites”). These Third-Party Sites may
contain
information or material that some people may find inappropriate or offensive.
Third-Party Sites are not under the control of the Company, and you acknowledge
that
the Company is not responsible or liable for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites. The
inclusion
on the Website of a link to a Third-Party Site does not imply endorsement of
such
site by the Company or any association with its operators.
You agree to access and use any Third-Party Sites and the third-party content
contained therein at your own risk. You acknowledge that a Third-Party Site may
collect personal information about you, and any personal information you
disclose or
submit to a Third-Party Site will not be under control of the Company. The
Company
assumes no responsibility or liability for the privacy and information
collection
policies of third parties operating any Third-Party Site and we suggest
contacting
the providers of those sites directly for information on their privacy policies.
3. Customer Refund Policy -
Our customer refund policy may vary based upon the specific terms of your
particular
offer. If you entered into an Agreement with us in relation to the provision of
matchmaking services, dating and relationship coaching of any kind, the refund
policy applicable to your situation will be set out therein.
4. Ability To Accept Terms And Conditions
You affirm that you are either more than 21 years of age, or an emancipated
minor,
and are fully able and competent to enter into the terms, conditions,
obligations,
affirmations, representations, and warranties set forth in these Terms of Use,
and
to abide by and comply with these Terms of Use.
In order to participate in certain areas of our Website, you will need to
register
for an account. You agree to (a) create only one account; (b) provide accurate,
truthful, current and complete information when creating your account; (c)
maintain
and promptly update your account information; (d) maintain the security of your
account by not sharing your password with others and restricting access to your
account and your computer; (e) promptly notify the Company if you discover or
otherwise suspect any security breaches relating to the Website; and (f) take
responsibility for all activities that occur under your account and accept all
risks
of unauthorized access.
5. Privacy -
Please read the Privacy Policy carefully to understand how the Company collects,
uses and discloses personally identifiable information from its users. The
Privacy
Policy is hereby incorporated by reference as part of these Terms of Use.
6. Contacting Us -
If you need to contact us, you can contact the Website administrator and the
Company
using the email form below. Messages will not be visible to other clients.
Contact Us
7. Disclaimer Of Warranties -
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE WEBSITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE
COMPANY
AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR
OTHER
HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS
MAY NOT APPLY TO YOU.
8. Limitation Of Liability -
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM
THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER
THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY
OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
YOU AGREE THAT THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY SHALL BE LIMITED
TO
THE AMOUNT YOU PAID TO THE COMPANY FOR SERVICES. BECAUSE SOME JURISDICTIONS DO
NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE
COMPANY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED
BY LAW.
9. Indemnification -
Upon a request by the Company, you agree to defend, indemnify, and hold harmless
the
Company and its other affiliated companies, and their respective service
providers,
consultants, employees, contractors, officers, and directors, from all costs,
damages, liabilities, claims, and expenses, including, without limitation,
reasonable legal fees, arising out of or related to your use of the Website or
the
violation of these Terms of Use.
10. Severability And Integration -
Unless otherwise specified herein, this agreement, together with the Privacy
Policy
associated with the Website, constitute the entire agreement between you and the
Company with respect to the Website and supersede all prior or contemporaneous
communications between you and the Company with respect to the Website. If any
part
of these Terms of Use is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining portions
shall
remain in full force and effect.
11. Governing Law -
These Terms of Use shall be governed by and construed in accordance with the
laws of
Florida, USA.
12. Arbitration of Disputes -
Except for infringement of Company’s intellectual property, which can be heard
by a
court of competent jurisdiction, the parties agree that, where allowed by
applicable
laws, any dispute or claim in law or equity arising between them regarding the
use
of this Website or these Terms of Use, including any dispute regarding the
enforceability or applicability of this arbitration provision, shall be decided
by
neutral, binding arbitration conducted in Pinellas County, Texas. The arbitrator
shall be a retired judge, justice, or an attorney with at least ten (10) years
of
legal experience relating to the subject matter of this Agreement, unless the
parties mutually agree otherwise, who shall render an award in accordance with
the
substantive laws of Floida. In all other respects, the arbitration shall be
conducted in accordance with the rules and procedures of the American
Arbitration
Association, subject to the parties being allowed limited discovery. Judgment
upon
the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT
OF
THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY
NEUTRAL
ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE
DISPUTE
LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO
DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
“ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION
AFTER
AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO
A
COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU
DO
NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.
13. Class Action Waiver -
ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS
WEBSITE OR THESE TERMS OF USE MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY
APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY
OR
AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN
A PRIVATE ATTORNEY GENERAL CAPACITY.
14. Attorneys’ Fees -
In any dispute, action, proceeding, or arbitration regarding the use of this
website
or these Terms of Use, including the enforcement of any arbitration provision
herein, the party prevailing in such action or proceeding shall be entitled to
recover, in addition to any other award of damages or other remedies, its
reasonable
attorneys’ and experts’ fees, costs and expenses (including, without limitation,
expenses for expert witnesses and all reasonable attorneys’ fees, costs and
expenses
upon appeal).