Terms of Use Agreement

 

Janis Spindel Matchmaker.com

 

Last revised on 1/01/16.

 

Welcome to www.janisspindelmatchmaker.com, the premier service for upscale single adults to marry, operated and maintained by www.janisspindelmatchmaker.com. (“JSSM”). By using the JSSM Website, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you are a registered member (“Member”) or not. If you desire to apply and become a Member and make use of the JSSM service (the “Service”), then please read these Terms of Use. If you object or disagree to anything in this Agreement or the JSSM Privacy Policy, do not use the Website or the Service.

 

Acceptance of Terms of Use Agreement.

 

Agreement. This Agreement is a contract that sets out the legally binding terms of your use of the Website and your registration and membership in the Service. This Agreement may be modified anytime by JSSM. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.

 

Eligibility.

 

You must be at least eighteen (18) years of age and single or legally separated from your spouse to apply and register as a member of JSSM or use the Website. Membership in the Service is void where prohibited. By using the Website, you warrant and represent that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you apply and become a Member, you warrant and represent that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

 

Non-commercial Use by Members.

 

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of www.janisspindelmatchmaker.com, which may be revoked at any time, for any reason, in JSSM’s sole discretion.

 

Content on JSSM.

 

Proprietary Rights. JSSM owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of JSSM, 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.

 

Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by JSSM, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. JSSM 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 JSSM 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 or users.

 

Customer Service.

 

JSSM provides assistance and guidance through its customer service. When communicating with our customer service, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer service may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer service or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund.

 

Billing and Payment. JSSM bills you through an online merchant account and gateway www.authorize.net for use of the Service. You agree to pay JSSM (will appear on your statement “Janis Spindel Matchmaker”) all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize JSSM to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. JSSM may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with JSSM on the Website when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

 

Modifications to Service.

 

JSSM reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JSSM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

Copyright Policy.

 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

 

Privacy and Communications.

 

Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. We will NOT sell, lease or spam you.

 

Disclaimers.

 

JSSM is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. JSSM is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. JSSM assumes 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, user or Member communications. JSSM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online 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 users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will JSSM or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and JSSM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. JSSM cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

 

In addition to the above preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. JSSM makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified professional.

 

Links.

 

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because JSSM has no control over such sites and resources, you acknowledge and agree that JSSM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that JSSM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

 

Limitation on Liability.

 

Except in jurisdictions where such provisions are restricted, in no event will JSSM be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if JSSM has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, JSSM’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to JSSM for the Service during the term of membership.

 

U.S. Export Controls.

 

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website 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.

 

Arbitration and Governing Law.

 

Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against JSSM in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against JSSM any class action, class arbitration, or other representative action or proceeding.

 

Notice of Rights. By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and JSSM (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Policy.

 

Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against JSSM (except for small-claims court actions) may be commenced only in the federal or state courts located in New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

Governing Law. This Agreement, and any dispute between you and JSSM, 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.

 

Indemnity by You.

 

You agree to indemnify and hold JSSM, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

 

No Third Party Beneficiaries.

 

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

 

Other and Amendments.

 

This Agreement contains the entire agreement between you and JSSM regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by JSSM at any time.

 

Please Contact Us with any questions regarding this agreement. JSSM is a trademark of Falcar Ltd. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

JSSM Privacy Policy

 

Last Updated: 1/01/2014

 

JSSM respects the privacy of its users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy.

 

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

 

Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.

 

Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see “Cookies” below), and the referring website address.

 

Cookies and Use of Cookie Data. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the time and date of your visits, the links you click, and the searches you conduct on our site. During your visits to other websites where we advertise, we (or third parties) may use certain data collected on our site to show you the type of JSSM advertisements likely to be of greater interest to you. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our site used for targeted JSSM advertising during your visits to other websites. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline, please note that you may not be able to sign in or use some of the interactive features offered on our website.

 

Other Technologies. We may use standard Internet technology and other similar technologies, to track your use of our site. We also may include web beacons in advertisements or email messages to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

 

Information collected by third-parties. We may allow third-parties, including our authorized service providers, advertising companies and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).

 

How we use the information we collect

 

In General. We may use information that we collect about you to:

 

deliver the products and services that you have requested;

 

manage your account and provide you with customer support;

 

perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;

 

communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, or other third parties;

 

develop and display content and advertising tailored to your interests on our site and other sites;

 

verify your eligibility and deliver prizes in connection with contests and sweepstakes;

 

enforce or exercise any rights in our terms and conditions;

 

manage our business;

 

provide JSSM advertisements to you when you visit other sites; and

 

perform functions as otherwise described to you at the time of collection.

 

Financial information. We may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

 

With whom we share your information

 

Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:

 

Service providers: We may share your personal information, which may include your name and contact information (including email address) with third parties that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, member screenings, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

 

Business partners: When you make purchases on our website or click-through our advertisements offered on third party websites, we may share personal information with the businesses with which we partner to offer you the applicable products, services or advertisements. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant.

 

Other Situations. We also may disclose your information, including personal information:

 

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

 

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.

 

In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

 

Aggregated and non-personal information. We may share non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our website and on websites of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.

 

Third-party websites

 

There are a number of places on our website where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement on our website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.

 

How we protect your personal information

 

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. We want you to feel confident using our website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

 

Children’s privacy

 

Although our website is a general audience site, we restrict the use of our service to individuals age 18 and above.

 

Visiting our websites from outside the United States

 

This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this privacy policy.

 

No Rights of Third Parties

 

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

 

Changes to this Privacy Policy

 

We will occasionally update this Privacy Policy. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

 

How to contact us

 

If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by postal mail as follows:

 

Privacy Officer

Falcar Ltd

PO Box 6

Bridgehampton NY 11932-0006

 

Falcar Ltd. All rights reserved.

 

Linked information:
Cookies:

 

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time. Cookies on our website do not link to or store your personal information.

 

You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.

 

We may allow third-parties, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver (such as click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, etc.), and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect from you to provide advertisements about goods and services likely to be of greater interest to you. The collection and use of that information is subject to the third-party’s privacy policy. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies and provides information about this behavioral advertising practice (www.networkadvertising.org). This policy covers the use of cookies by JSSM only and does not cover the use of cookies by any advertisers.

 

Web Beacons:

 

Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.

 

Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website. Third parties may use anonymous information about your visits to our site and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you.

 

Arbitration Procedures

 

Overview. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and JSSM.

 

Pre-Arbitration Dispute Resolution. JSSM is always interested in resolving disputes amicably and efficiently. So before you commence an arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may Contact Us online or at Falcar Ltd PO Box 6 Bridgehampton NY 11932-0006.

 

Administrator. The administrator for the arbitration is the American Arbitration Association (“AAA”), a non-profit organization that is not affiliated with www.janisspindelmatchmaker.com. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page,http://www.adr.org/consumer_arbitration.

 

Applicable Rules. The arbitration will be governed by the AAA’s Commercial Arbitration Rules and its Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.

 

Commencing an Arbitration. The parties agree to have any disputes that cannot otherwise be resolved internally submitted to binding arbitration before a single arbitrator agreed to by the parties, with all arbitration fees and costs (excluding attorneys’ fees) to be shared equally between the parties, except as noted below.

 

(i) In the event that a party to this Agreement seeks to initiate a dispute and arbitration hereunder, such complaining party shall be obligated, prior to commencing arbitration, to provide written notice of said dispute to the other party, along with a monetary demand, in an effort to resolve the dispute informally. If the dispute is not resolved to the complaining party’s satisfaction within thirty (30) days of the time written notice is provided to the other party, the complaining party may then proceed with arbitration.

 

(ii) If the complaining party receives a settlement offer during the period prior to the time arbitration is commenced, and the complaining party is later awarded damages through arbitration less than the amount offered for settlement prior to arbitration, then the complaining party shall be responsible for all costs of arbitration, including the attorneys fees incurred by the other party. In all other circumstances, each party shall bear its own attorneys fees.

 

(iii) In the event the parties are unable to agree upon an arbitrator after making good faith efforts for a thirty (30) day period to do so, then the matter shall be arbitrated through the New York City Bar Association or a comparable bar association.

 

(iv) Any arbitration under this Agreement shall take place in the City of New York, New York County.