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terms of use and membership agreement
Welcome to Catchmakers.com, confidential matchmaking with personal
service.
This website and our matchmaking service is owned
and operated by Catchmakers, Inc. (hereinafter referred to collectively
as "Catchmakers.com"). By using the Catchmakers.com
Website, (the "Website") you agree to be bound by these
Terms of Use (this "Agreement"), whether or not you
register as a Member of Catchmakers.com ("Member").
If you wish to become a Member and make use of the Catchmakers.com
service (the "Service"), please read these Terms of
Use and Membership Agreement. If you object to anything in this
Agreement or the Catchmakers.com Privacy Policy, do not use the
Website or register for the Service. The Terms of Use are subject
to change by Catchmakers.com at any time, effective upon posting
on the Catchmakers.com website, and your use of the Service after
such posting will constitute acceptance by you of such changes.
1. Acceptance of Terms of Use Agreement.
a. Electronic Agreement. This Agreement is an
electronic contract that sets out the legally binding terms of
your use of the Website and your membership in the Service. This
Agreement may be modified by Catchmakers.com from time to time,
such modifications to be effective upon posting by Catchmakers.com
on the Website. This Agreement includes Catchmakers.com's Privacy
Policy, Catchmakers.com's subscription policies and any notices
regarding the Website. By accessing the Website or becoming a
Member, you accept this Agreement and agree to the terms, conditions
and notices contained or referenced herein. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
2. Eligibility.
You must be at least twenty-one (21) years of
age to register as a Member of Catchmakers.com.
By using the Website or registering as a Member, you represent
and warrant 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. Your account is for your sole, personal
use, you may not authorize others to use your account, and you
may not assign or otherwise transfer your account to any other
person or entity.
3. Membership and Subscription; Pricing.
You may become a Member of the Service only by registering through the Website. We offer two choices: a Basic Membership (free), or a Searching Membership ($49 for 3 months). If we are unable to process your membership, a decision made in our sole discretion, we will refund any Membership Fee in full.
Basic Membership:
Basic Membership is free. You complete a profile, which is posted for Searching Members to view. As a Basic Member you may communicate only with Searching Members who contact you first. You do not have access to our database of profiles.
Searching Membership:
A Searching Membership is $49 for three (3) months. Your profile is posted for other Searching Members to view. As a Searching Member you have unlimited access to our database. You can view detailed profiles of Basic and Searching Members, and you can securely communicate with potential matches.
4. Termination.
You may cancel your Membership for a full refund before your Member ID# is issued. Thereafter, you may terminate your membership at any time, for any reason. Simply follow the instructions on your account page, or email notice of termination to business@catchmakers.com (be sure you receive a confirmation email back from Catchmakers.com for confirmation). If you terminate your membership, your membership will remain active until the end of your then-current membership period (that is, the membership period through which you had paid prior to your termination). Catchmakers.com may terminate your membership by 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 Catchmakers.com. If Catchmakers.com terminates your Membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Catchmakers.com. Catchmakers.com is not required to provide you notice prior to terminating your membership. Catchmakers.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. 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 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 Catchmakers.com, which may be revoked at any time,
for any reason, in Catchmakers.com's sole discretion.
6. Account Security.
You are responsible for maintaining the confidentiality
of the username and password that you designate during the Registration
process, and you are fully responsible for all activities that
occur under your username and password. You agree to (a) immediately
notify Catchmakers.com of any unauthorized use of your username
or password or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Catchmakers.com
will not be liable for any loss or damage arising from your failure
to comply with this provision. You should use particular caution
when accessing your account from a public or shared computer so
that others are not able to view or record your password or other
personal information.
7. Your Interactions with Other Members.
You are solely responsible for and assume the
risk of your interactions with other Members. Catchmakers.com does not screen or attempt to verify the statements made by its Members.
Catchmakers.com makes no representations or warranties
as to the conduct of Members or their compatibility with any current
or future Members. In no event shall Catchmakers.com 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 Service, including without limitation, bodily
injury, emotional distress, and/or any other damages resulting
from communications or meetings with other registered users of
this Service or persons you meet through this Service. You agree
to take reasonable precautions in all interactions with other
Members of the Service. You understand that Catchmakers.com makes no guarantees, either
express or implied, regarding your ultimate compatibility with
individuals you meet through the Service.
8. Content on Catchmakers.com.
(a) Proprietary Rights. Catchmakers.com owns
and retains all proprietary rights in theWebsite and the Service.
The Website contains the copyrighted material, trademarks, and
other proprietary information of Catchmakers.com. 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) Reliance on Content. Catchmakers.com 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
Catchmakers.com 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.
9. Content Posted by You on Catchmakers.com.
a. You are solely responsible for the Content
that you publish or display (hereinafter, "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 Catchmakers.com, or another Member, subsequently
becomes inaccurate, misleading or false, you will promptly notify
Catchmakers.com of such change.
b. The following is a partial list of the kind
of Content that is prohibited on the Website. Catchmakers.com
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:
* 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;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
* promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
* 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;
* contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
* 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;
* provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
* engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
c. 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.
d. 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 Catchmakers.com
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.
e. All information you provide about yourself
must be accurate, current and complete.
10. Prohibited Activities.
Catchmakers.com reserves the right to investigate
and terminate your membership if you have misused the Service,
or behaved in a way which could be regarded as inappropriate or
whose conduct is unlawful or illegal. The following is a partial
list of the type of actions that you may not engage in with respect
to the Service:
* You will not impersonate any person or entity.
* You will not "stalk" or otherwise harass any person.
* You will not express or imply that any statements you make are
endorsed by Catchmakers.com without our specific prior written
consent.
* You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index,
"data mine", or in any way reproduce or circumvent the
navigational structure or presentation of the Service or its contents.
* You will not post, 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.
* You will not remove any copyright, trademark or other proprietary
rights notices contained in the Service.
* You will not interfere with or disrupt the Services or the site
or the servers or networks connected to the Services or the site.
* You will not post, email or otherwise transmit any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment.
* You will not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any information transmitted
through the Service.
* You will not "frame" or "mirror" any part
of the Service or the Website, without Catchmakers.com's prior
written authorization. You also shall not use meta tags or code
or other devices containing any reference to Catchmakers.com or
the Service or the site in order to direct any person to any other
web site for any purpose.
* You will not modify, adapt, sublicense, translate, sell, reverse
engineer, decipher, decompile or otherwise disassemble any portion
of the Service or the Website or any software used on or for the
Service or cause others to do so.
11. Customer Service.
Catchmakers.com provides assistance and guidance
through its customer care representatives. When communicating
with our customer care representatives, you may not to be abusive,
obscene, profane, offensive, sexist, threatening, harassing, racially
offensive, or otherwise behave inappropriately. If we feel that
your behavior towards any of our customer care representatives
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 of unused subscription
fees.
12. Subscriptions; Charges on Your Billing
Account.
(a) General. Catchmakers.com bills you through
an online account (your "Billing Account") for use of
the Service. You agree to pay Catchmakers.com all charges at the
prices then in effect for any use of the Service by you or other
persons (including your agents) using your Billing Account, and
you authorize Catchmakers.com to charge your chosen payment provider
(your "Payment Method") for the Service. You agree to
make payment using that selected Payment Method. Catchmakers.com
reserves the right to correct any errors or mistakes that it makes
even if it has already requested or received payment.
(b) Recurring Billing. Searching Membership to the Service consist of an initial period, for which there
is a one time charge, followed by recurring period charges as
agreed to by you. By entering into this Agreement, you acknowledge
that your subscription has an initial and recurring payment feature
and you accept responsibility for all recurring charges prior
to cancellation. CATCHMAKERS.COM MAY SUBMIT PERIODIC CHARGES (E.G.,
EVERY THREE MONTHS) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE
PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY CATCHMAKERS.COM)
THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE
YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED
BEFORE CATCHMAKERS.COM REASONABLY COULD ACT TO TERMINATE YOUR
AUTHORIZATION. TO CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS ON YOUR MEMBERSHIP PAGE.
(c) Current Information Required. YOU MUST PROVIDE
CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING
ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING
ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE),
AND YOU MUST PROMPTLY NOTIFY CATCHMAKERS.COM IF YOUR PAYMENT METHOD
IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF
A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE
OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION
CAN BE MADE AT “MY ACCOUNT“. IF YOU FAIL TO PROVIDE
CATCHMAKERS.COM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT
CATCHMAKERS.COM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE
UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION
FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY CATCHMAKERS.COM).
(d) Payment Method. 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 (the "Payment Method Provider").
If Catchmakers.com does not receive payment from your Payment
Method Provider, you agree to pay all amounts due on your Billing
Account upon demand.
(e) Change in Amount Authorized. If the amount
to be charged to your Billing Account varies from the amount you
preauthorized (other than due to the imposition or change in the
amount of state sales taxes), you have the right to receive, and
Catchmakers.com shall provide, notice of the amount to be charged
and the date of the charge at least 10 days before the scheduled
date of the transaction. Any agreement you have with your Payment
Method Provider will govern your use of your Payment Method. You
agree that Catchmakers.com may accumulate charges incurred and
submit them as one or more aggregate charges during or at the
end of each billing cycle.
(f) Auto-renewal. Your Catchmakers.com Searching
Member subscription will be
automatically extended for successive renewal periods of the same
duration as the subscription term originally selected, at the
then-current non-promotional subscription rate. To change or resign
your subscription at any time, go to “My Account”.
If you resign, you may use your subscription until the end of
your then-current subscription term; your subscription will not
be renewed after your then-current term expires. However, you
won't be eligible for a prorated refund of any portion of the
subscription fee paid for the then-current subscription period.
(g) Reaffirmation of Authorization. Your non-termination
or continued use of the Service reaffirms that Catchmakers.com
is authorized to charge your Payment Method. Catchmakers.com may
submit those charges for payment and you will be responsible for
such charges. This does not waive Catchmakers.com's right to seek
payment directly from you. Your charges may be payable in advance,
in arrears, per usage, or as otherwise described when you initially
subscribed to the Service.
13. Modifications to Service.
Catchmakers.com 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 Catchmakers.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
14. Blocking of IP Addresses.
In order to protect the integrity of the Service,
Catchmakers.com reserves the right at any time in its sole discretion
to block Members from certain IP addresses from accessing the
Website.
15. 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. Without limiting the foregoing,
if you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information: an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; a description
of the copyrighted work that you claim has been infringed; a description
of where the material that you claim is infringing is located
on the Website; your address, telephone number, and email address;
a written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf. Catchmakers.com's Copyright Agent for notice of
claims of copyright infringement can be reached as follows: Catchmakers.com
Legal, 409 Taughannock Blvd. Ithaca, NY 14850.
16. Member Disputes.
You are solely responsible for your interactions
with other Catchmakers.com Members. Catchmakers.com reserves the
right, but has no obligation, to monitor disputes between you
and other Members.
17. Privacy.
Use of the Website and/or the Service is also
governed by our Privacy Policy.
18. Disclaimers.
Catchmakers.com 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. Catchmakers.com is not responsible for the conduct,
whether online or offline, of any user of the Website or Member
of the Service. Under no circumstances will Catchmakers.com 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 Catchmakers.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
Catchmakers.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service.
19. Links.
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Catchmakers.com has no control over such sites and resources,
you acknowledge and agree that Catchmakers.com 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
Catchmakers.com 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.
20. Limitation on Liability.
Except in jurisdictions where such provisions
are restricted, in no event will Catchmakers.com 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
Catchmakers.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Catchmakers.com'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 Catchmakers.com for the Service during
the term of membership.
21. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Website
and/or the Service, by using the Website, you expressly agree
that any such dispute shall be governed by the laws of the State
of New York, without regard to its conflict of law provisions,
and you expressly agree and consent to the exclusive jurisdiction
and venue of the state and federal courts of the State of New
York, in Tompkins County, for the resolution of any such dispute.
22. Indemnity by You.
You agree to indemnify and hold Catchmakers.com,
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.
23. 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.
24. Other.
This Agreement contains the entire agreement
between you and Catchmakers.com 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.
Please contact us with any questions regarding
this agreement.
{For a downloadable
PDF of this document, click here.}
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