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Terms of Use

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Terms Effective June 24, 2009


1. Defined Terms. (link)

In this agreement, the following terms have the following meanings:

a. "We," "us," "JCMATCH," or the "Company" means JCMATCH, LLC, a Texas limited liability company.

b. The "Site" means the World Wide Web site on which this document is posted. The "Service" or "Services" means the service or services offered by JCMATCH available subject to the terms and conditions set forth in this document and any changes to this document that we may publish on the Site from time to time. The "Materials" mean all information, documents, communications, files, text, graphics, software, and products available through the Site.

c. "You" or a "User" means anyone who accesses the Site or becomes a registered user of the Site and Service.

d. "User Content" means information, materials, files, communications, and documents that are posted by Users to the Site. "JCMATCH Content" means all Materials provided by JCMATCH on the Site. User Content, and JCMATCH Content may have different restrictions and conditions associated with them.

e. The "Terms of Use" mean the terms and conditions set forth in this document.

2. Acceptance of Terms of Use Agreement. (link)

JCMATCH makes the Site and Services available for your use subject to the Terms of Use. By accessing the Site or becoming a registered user of the Site and/or Services, you agree to be bound by the terms and conditions of this Agreement, and consent to have this agreement provided to you in electronic form. IF YOU DO NOT AGREE TO THE TERMS, DO NOT REGISTER FOR THE SERVICE OR USE THE WEBSITE. JCMATCH reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after this notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

3. Eligibility of Registered Users and Exclusive Use. (link)

Only individuals who have reached the age of eighteen (18) years and who are not married are eligible for the Service. By registering for the Service, you agree, represent, and warrant that you are so eligible, have the capacity, authority, and right to enter into this agreement, and will abide by the Terms of Use. A User must use the Service exclusively for him or herself, may not allow others to access his or her JCMATCH account, and is solely and exclusively responsible for any information published, displayed, transmitted, posted, or sent to JCMATCH, the website, or to any other User of the Service.

4. Cost of Membership and Subscription. (link)

Users may register for the Service and participate in some of the features of JCMATCH's service at no cost. The features available to free versus subscribing Users may be viewed here. To gain the full benefit of JCMATCH's services, a User must pay our current subscription fees, which are listed below. Subscription fees may be changed at any time with thirty (30) days notice provided in these Terms of Use. Users have the right to cancel their services at any time, but do not have a right to any refund of fees paid. JCMATCH will bill Users in advance for the term selected, which must be prepaid.

Prepaid Service Period

Cost

Rate

One (1) month

$12.95

$12.95 per month

Six (6) months

$40.74

$6.79 per month

Twelve (12) months

$71.91

$5.99 per month

5. Your Responsibilities With Respect to the Service. (link)

a. Personal Use. The Site and Services are only for the personal use of Users, and may not be used for or in connection with any business purpose, including but not limited to: (i) collecting information for advertising or promotional purposes or (ii) linking to the Site for any commercial purpose. JCMATCH will investigate and take action when notified of any activities in violation of this policy and will respond through all legal means available. Use of the Site and Services is subject to the sole discretion of JCMATCH, and permission to use the Site and/or Services may be revoked at any time, for any reason.

b. Information Security. You are solely responsible for keeping your member name and password completely confidential, since you are completely responsible for any actions and activities taken using such member name. You must notify JCMATCH of any unauthorized use of your username, or any other breach of security. JCMATCH will not be liable for any loss or damage arising from your failure to comply with this provision.

c. Interactions with Other Users. You are solely responsible for your interactions with other users of the Site and Services. You agree and acknowledge that JCMATCH does not screen Users, is not responsible for verifying the information provided by Users, nor does JCMATCH perform background checks on such users. JCMATCH reserves the right, but will have no obligation to, monitor any disputes between you and any other User. We make no representations or warranties as to the conduct of Users, and shall not 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 Site or Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to meet in person. In addition, you agree to review JCMATCH's Meeting Safety Guidelines prior to using the Service. Do not provide any financial information to other Users under any circumstances.

6. Intellectual Property Rights. (link)

a. Contents and Materials on the Site in General. JCMATCH reserves all intellectual property rights, including but not limited to registered trademarks and copyright, to all JCMATCH Content on the Site and Service. The Site contains the copyrighted material, trademarks, and other proprietary information of JCMATCH and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

b. Specific Use Limitations. Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the JCMATCH Content and User Content available on this Site subject to the following conditions:

i. The JCMATCH Content and User Content may be used solely for personal, informational, and internal purposes.

ii. The JCMATCH Content and User Content may not be modified or altered in any way.

iii. The JCMATCH Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.

iv. You may not remove any copyright or other proprietary notices contained in the JCMATCH Content and User Content.

v. JCMATCH reserves the right to revoke the authorization to view, download, and print the JCMATCH Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from JCMATCH.

vi. The rights granted to you by this agreement constitute a license and not a transfer of title.

c. Design and Layout. The rights specified above to view, download, and print the JCMATCH Content and User Content available on the Site do not apply to the design or layout of the Site, which may not be copied or imitated in whole or in part.

d. Trademarks. The trademarks, logos, and service marks displayed on the Site are the property of JCMATCH or other third parties. You are not permitted to use such trademarks, logos, or service marks without the prior written consent of JCMATCH or such third party that may own them.

e. License to JCMATCH for User Content. Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant JCMATCH one of the following types of licenses:

i. For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant JCMATCH a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant JCMATCH the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.

ii. For User Content such as comments to JCMATCH on user forms, reports or suggestion forms, you grant JCMATCH and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that JCMATCH is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (i) you grant us permission to do so; (ii) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (iii) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (iv) we believe it necessary in order to protect the rights of JCMATCH or others.

7. Restrictions and Reliance on Site Content. (link)

a. Restrictions on User Content. You are solely responsible for the User Content that you post on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to JCMATCH, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify JCMATCH of such change. You may not post links to external Web sites or e-mail addresses for contact outside of the JCMATCH service.

b. Control of Content. You understand and agree that JCMATCH may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of JCMATCH violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

c. Prohibited Content. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. JCMATCH reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:

i. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii. harasses or advocates harassment of another person;

iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

iv. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

vi. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

x. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

d. Use According to Law. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.

e. Limitation on Personal Information Posted. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

f. Advertising or Solicitation. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although JCMATCH 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, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

g. Accuracy and Completeness of Information. All information you include in your Member profile must be accurate, current and complete.

h. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by JCMATCH, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. JCMATCH does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will JCMATCH or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.

8. User Conduct. (link)

In using the Site, including all Services and Materials available through it, you agree to the following restrictions on your conduct:

a. Prohibited Material. You will not post on the Service, transmit to other users of the Service, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take any action which promotes or encourages the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.

b. Compliance With Law. You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.

c. Inaccurate Information. You will not provide inaccurate, misleading or false information to JCMATCH or to any other user of the Service. If due to a change in circumstances information provided to us, or to another User, later becomes inaccurate, misleading or false, you will promptly notify JCMATCH of such change.

d. Personal Information. Your electronic correspondence with other Users will not include any personal information which would enable other Users to learn your personal information other than that which is posted in your Site profile.

e. One Profile Allowed. You will only create one unique profile with the Service.

f. Advertising or Solicitation. You will not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk e-mail to other Users.

g. Unauthorized Use of Intellectual Property. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

h. Implied Endorsement and Mirroring. You will not claim or make an implied claim that any statements you make or content you post is endorsed by JCMATCH without our prior written consent. You will not frame or mirror any portion of the Site, and will not link or refer to the Site in order to direct any person to any other Web site.

i. Attacks, Viruses, Data Mining, and other Site Interference. You will not use any software (whether a "spider," bot, indexing or retrieval, or similar application) to access the Site or any information contained in the Site other than a standard Web browser. You will not transmit any viruses, trojans, worms, or other software code that can affect the functioning of the Site, or the functioning of any computer connected to the Site. You will not use proxies to access the Site or provide any false information with regard to your location. You will not disrupt or interfere with the operation of the Site or the computers or networks connected to the Site.

j. User Safety and Prudent Use. You have sole responsibility for your interactions with other Users. You agree to take normal and prudent precautions to safeguard your identity and your personal safety when meeting individuals through the Service. In addition, you agree to review and follow the recommendations set forth in JCMATCH's Safety Tips, which are posted and publicly available on the Site.

k. No Warranties or Guarantees. You understand that we cannot and do not make any guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.

l. Reporting Violations. You will promptly report to JCMATCH any violation of the Terms of this Agreement by other Registered Users.

9. Prohibited Communications. (link)

You may submit only User Content or Project Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you, or by certain Internet addresses, to this Site.

10. Managing Content and Communications. (link)

JCMATCH reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. JCMATCH may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, JCMATCH will have no liability related to User Content or Project Content. JCMATCH disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Project Content.

11. Termination or Modification of Site and Service. (link)

JCMATCH may, at any time, modify the Site or Service at its sole discretion, and may temporarily or permanently discontinue all or part of the Site or Service, with or without giving notice to Users. You agree that JCMATCH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Service.

12. Warranties and Disclaimers. (link)

Except as expressly provided otherwise in a written agreement between you and JCMATCH or you and a third party with respect to such party's materials or services, this Site, and all Materials and Services accessible through this Site are provided AS IS without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, JCMATCH makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected. This Site could include technical or other mistakes, inaccuracies, or typographical errors. JCMATCH may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and JCMATCH makes no commitment to update such Materials or Services.

You understand and acknowledge that (i) JCMATCH does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) JCMATCH makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) JCMATCH shall not be liable or responsible for any content, products, or services offered by third parties. The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. JCMATCH assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from JCMATCH or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

13. Personal Information and Privacy. (link)

Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential and will be handled in accordance with JCMATCH's Privacy Policy. With the exception of Project Content and certain types of User Content, any non- personal information or material sent to JCMATCH will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of JCMATCH or others.

14. Limitation of Liability. (link)

In no event, including, without limitation, negligence, shall JCMATCH, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not JCMATCH has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

15. Indemnity. (link)

You agree to indemnify and hold JCMATCH, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Project Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, the actions of any member of your Work Group, or your violation of any rights of another person or entity.

16. Governing Law and Jurisdiction. (link)

This Site (excluding linked sites) is controlled by JCMATCH from its offices within the State of Texas, United States of America. By accessing this Site, you and JCMATCH agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. You and JCMATCH also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Texas with respect to such matters.

17. General. (link)

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between JCMATCH and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by JCMATCH to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

If you have any questions about this agreement, please contact us at http://www.jcmatch.com/info/contacts. You may request a paper copy of this Agreement at any time. To receive such a copy, send us a letter and a self-addressed, stamped envelope to the address below.

JCMATCH, LLC
Attn: Customer Service
P.O. Box 165570
Irving, Texas 75016-5570



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