TERMS & CONDITIONS
Stoic Matchmaker, LLC;
P.O. Box 1702;
10821 Red Run Blvd;
Owings Mills, MD 21117 USA;
Email: [email protected]
Stoic Matchmaker, LLC
4600 Kings Mill Way
Owings Mills, MD 21117
Attn: Steve Blackwell, Ph.D, J.D.
The following section titles in this Agreement are for convenience only and have no legal or contractual effect:
IMPORTANT: Minimum Age AND Jurisdictions!
STOICMATCHMAKER’S WEBSITE AND/OR SERVICES IS INTENDED FOR USE BY INDIVIDUALS WHO ARE OVER THE AGE OF 18 (OR THE AGE OF MAJORITY IN THOSE JURISDICTIONS IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHERE 18 IS NOT THE AGE OF MAJORITY). IF YOU ARE NOT AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN THOSE JURISDICTIONS WHERE 18 IS NOT THE AGE OF MAJORITY) AND A RESIDENT OF ONE OF THE 50 STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, YOU ARE NOT PERMITTED TO ACCESS STOICMATCHMAKER.COM OR USE ANY OF THE STOICMATCHMAKER SERVICES IN ANY WAY. BY ACCESSING STOICMATCHMAKER.COM AND/OR USING THE STOICMATCHMAKER SERVICES, YOU ACKNOWLEDGE AND CONFIRM THAT YOU:
- ARE OVER THE AGE OF 18 (OR THE AGE OF MAJORITY IN THOSE JURISDICTIONS WHERE 18 IS NOT THE AGE OF MAJORITY);
- CAPABLE OF FORMING A LEGALLY BINDING CONTRACT WITH STOICMATCHMAKER BASED ON THE LAWS OF YOUR JURISDICTION;
- WILL ABIDE BY ALL APPLICABLE LAWS;
- HAVE NEVER BEEN CONVICTED OF A FELONY;
- ARE NOT REQUIRED TO REGISTER (NOR HAVE YOU REGISTERED) AS A SEX OFFENDER WITH ANY GOVERNMENT ENTITY;
- ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE USER OF STOICMATCHMAKER.COM IS LEGAL IN YOUR JURISDICTION;
- A RESIDENT OF ONE OF THE 50 STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA.
Acceptance of Terms & Conditions:
This Agreement will become effective upon your acceptance of the Agreement by your use of the Website and/or Services (collectively, the “Services”) and will remain in effect in perpetuity unless terminated hereunder.
The words “we”, “us”, and “our” used in this Terms & Conditions refer to StoicMatchmaker.
This Terms & Conditions may be amended by StoicMatchmaker from time to time at our sole discretion. These modifications become effective once posted by StoicMatchmaker as indicated by the “Revision Date” at the end of this Terms & Conditions. Your continued use of any portion of our Services following posting of the updated Terms & Conditions will constitute your acceptance of the changes. If you do not agree with any modifications made in the new Terms & Conditions, then you must cease to use the services.
The terms of this Agreement are personal to you. You may transfer, assign or delegate them only with our prior written permission. Any and all other attempts to transfer, assign or delegate the terms of this Agreement shall be null and void.
Violation of this Agreement may cause StoicMatchmaker irreparable harm, and therefore you agree that StoicMatchmaker will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that StoicMatchmaker may have for a breach of this Agreement.
The failure of StoicMatchmaker to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
Stoic Matchmaker® and Stoic Storytelling® are registered trademarks of Stoic Matchmaker, LLC. The Stoicess is currently under review by the U.S. Patent & Trademark office.
Stoic Matchmaker, LLC (StoicMatchmaker) is the sole intellectual property and owner of the Stoicmatchmaker.com Services which includes the content of the Services. All designs, trademarks, service marks or logos offered by the Services are exclusively owned by StoicMatchmaker.
All title, ownership rights and intellectual property rights, including the rights to copyrights, trademarks, service marks and logos (collectively, the “Intellectual Property”) of the Services, such as the phrase “Take the chance that tomorrow will bring you Peace” shall remain vested in StoicMatchmaker. Nothing contained in the Services should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property without the written permission of StoicMatchmaker, or the applicable third party owner.
You acknowledge and agree that StoicMatchmaker is the owner of highly valuable proprietary information, including without limitation, the Advance Search questionnaires (collectively, “Confidential Information”). StoicMatchmaker owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
You acknowledge and agree that you will abide by all copyright notices and restrictions pertaining to the unique Services, including but not limited to the unique term, ‘Stoic Matchmaker”, "Stoic Storytelling", and "Stoicess".
Your Use of the Services:
You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, and national, and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a “Specially Designated National” or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user and/or use of the Services is legal in your jurisdiction.
You are granted access to make personal use of the Services and you are not allowed to download other than page caching, modify or create a hyperlink to the Services, or any portion thereof, except with the express prior written consent of StoicMatchmaker, as applicable.
You acknowledge and agree that you will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information, (ii) Intellectual Property or (iii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
Note that other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You acknowledge and agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any StoicMatchmaker or third party proprietary information available via the Services.
By posting information or content to any profile pages, blogs, or public area of the Services, or making it accessible to us by linking your StoicMatchmaker account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to StoicMatchmaker and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs with the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional Terms & Conditions of such features or programs. By your participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional Terms & Conditions (if any) of such features or programs.
You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third-party website, or other contact information with the Services or in any other communications you may have with other users.
You acknowledge and agree that StoicMatchmaker may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend StoicMatchmaker’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Notwithstanding any other provision of this Agreement or the Privacy Statement or the Training Page information, StoicMatchmaker reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, StoicMatchmaker suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that StoicMatchmaker, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that StoicMatchmaker is permitted to make such disclosure.
By using the Services, you agree to allow StoicMatchmaker to anonymously use the information from you and your experiences through the Services to continue StoicMatchmaker’s research into successful relationships and to improve the Services. This research, conducted by psychologists and/or behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and StoicMatchmaker will not publish research containing your personal identifying information.
You agree to promptly report to Stoicmatchmaker any violation of the Agreement by others, including but not limited to, Registered Users.
You agree to be courteous and respectful in your dealings with other users of the Services.
You agree to be courteous and respectful in your dealings with StoicMatchmaker, its business partners, or such applicable third parties.
You agree that the Services are based on Christian Principles and Stoic Principles and that the Services include Religious Activity discussions and that you will conduct yourself in a Christian-Stoic Manner accordingly during your use of the Services. Our Mission is to empower you through God's help.
You agree that by submitting a "Helpline Situation" via StoicMatchmaker's Contact Us page, StoicMatchmaker is under no obligation to provide you a response to your situation submitted. To reiterate, you agree that a response will be solely at StoicMatchmaker's discretion.
You agree that by submitting a "Helpline Situation" via StoicMatchmaker's Contact Us page, the situation becomes the property of StoicMatchmaker whether (or not) StoicMatchmaker provides you with a response. You agree that by submitting a "Helpline Situation" via StoicMatchmaker's Contact Us page, the situation becomes the property of StoicMatchmaker.
Unacceptable Use of the Services:
You may not use the Services or its contents for any resale or commercial use; any collection and use of any product listings, descriptions, or prices if applicable; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of another merchant or yourself; or any use of data mining, robots, or similar data gathering and extraction tools; attempt to reproduce or circumvent the navigational structure and content of the Services; use the Services in any way that could negatively impact the Services, or servers/networks used in connection with the Services; upload viruses or any code that could negatively impact the Services; use any product or application that interacts with the Services or other user’s information/content; scan or test our Services or servers/networks fused in connection with the Services for vulnerability; attempt any form of ‘profile scraping’ or other forms of data ‘harvesting” of any content contained in the Services; send or solicit any content that relates to any commercial activities; promote yourself as it relates to any other website or redirect users to another website; or send chain letters, junk mail or spam.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including images, text, page layout, or forms that belong to StoicMatchmaker, its affiliates or any third party, without the prior written consent of StoicMatchmaker, its business partners, or such applicable third party.
You may not use any tags or any other “hidden text” utilizing the name or trademarks of StoicMatchmaker, its business partners, or its third party providers and distributors, without each of their express prior written consents.
You are prohibited from any illegal purpose or for any harmful purpose including harm or damage to another or Stoicmatchmaker. Example purpose(s) include posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, harassing, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered illegal, give rise to civil liability, or otherwise be in violation of any law.
You are prohibited from posting information of another or impersonating another.
You are prohibited from creating more than one registration.
You are prohibited from creating another registration if your registration has been terminated.
You are prohibited from authorizing others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that StoicMatchmaker is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
You are prohibited from providing any inaccurate, misleading or false information to StoicMatchmaker or to any other user.
You are prohibited from performing acts of social media trolling.
You are prohibited from advertising or soliciting any user to buy or sell any products or services through the Services. You agree not to transmit any chain letters, junk or spam e-mail to other users; send or post unsolicited bulk email to other users; or send or post other unsolicited communications of any kind through the Services to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user. If you breach the terms of this subsection, you acknowledge that you will have caused substantial harm to StoicMatchmaker, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay StoicMatchmaker $75 for each such unsolicited communication you send through the Services.
Cancellation and Suspension of Account:
StoicMatchmaker reserves the right to immediately suspend or terminate your access to our service, without notice, upon any breach of this agreement by you which is brought to our attention. Until such time though, this Agreement will remain in full force and effect while you use the Services.
StoicMatchmaker reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. StoicMatchmaker will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
Either you or StoicMatchmaker may terminate your account at any time, for any reason or no reason, without explanation. You may terminate your account by accessing the “Delete Account” option under “Settings” from the member’s page Header. StoicMatchmaker also reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We furthermore reserve the right to remove your account information or data from the Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees, if any, then paid to StoicMatchmaker by you will be nonrefundable.
By using our services, you agree to the use of the auto-renewal payment feature from PayPal for payment to StoicMatchmaker if StoicMatchmaker has activated this feature. Upon termination of your account by either you or StoicMatchmaker, it is your responsibility to remove the auto-renewal payment feature from your PayPal account. Stoicmatchmaker will not be liable for your failure to remove the auto-renewal payment feature from your PayPal account.
You agree that your account is for your personal use only.
You agree to be solely responsible for all activities that occur under your username and password.
You are prohibited from creating more than one unique profile as a Registered User.
You agree to complete your User Profile in its entirety immediately following clicking on the Register button; this includes posting a recent photo of yourself.
Blog Posts and Posting on Group Pages:
By posting information or content to any blogs, including Group Pages, on the Services, you agree to allow Stomatchmaker to add or remove words from such information or content posted or delete the entire posting or a portion thereof at any time.
For virtual meetings using Zoom® you agree that only authenticated members will be allowed to join. You also agree that as an authenticated member you will obtain a Zoom account and use the Zoom desktop client or mobile app to “sign in to join” the meetings. You further agree that members will not be able to join using the web client.
Disclaimer (or Limitations and Exclusions of Liability):
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
STOICMATCHMAKER PROVIDES THE SERVICES AND ITS CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STOICMATCHMAKER DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. STOICMATCHMAKER DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. STOICMATCHMAKER MAKES NO GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS & CONDITIONS.
UNDER NO CIRCUMSTANCES WILL STOICMATCHMAKER, ITS OWNERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND ATTORNEYS AND THEIR SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, INCLUDING EMOTIONAL DAMAGE, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICES, INCLUDING THE CONDUCT OF ANY USER OR OF ANY USER INTERACTIONS OCCURRING DURING EITHER ON OR OFF USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STOICMATCHMAKER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND IRRESPECTIVE OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU TO STOICMATCHMAKER IN SUBSCRIPTION FEES, IF ANY, FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD.
StoicMatchmaker reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to the Services, or any portion of the Services, at any time and without notice or liability.
We make no representation that the Services will be uninterrupted or error-free, and we are not liable for any interruptions or errors contained within.
You assume all risk when using the Services. You are solely responsible for your interactions with other users during and following use of the Services. StoicMatchmaker does not perform background checks on or screen any individuals who use the Services. Stoicmatchmaker is not responsible for any conduct by any user (yourself or others) during use or following use of the Services. StoicMatchmaker makes no warranties or representations of the conduct of any user of the Services. By registering with the Services, you are agreeing that StoicMatchmaker is not liable for any damages, direct or indirect, that may in any way arise to you or against you out of your use of the Services. Therefore, in the event that you suffer damages of any kind through your use of the Services, you agree to release StoicMatchmaker from any liability with respect thereof.
Despite users of the service agreeing to these Terms & Conditions, StoicMatchmaker cannot guarantee that each user is at least the required minimum age, nor does StoicMatchmaker accept any responsibility for any content or other use of the Services by anyone under the minimum age in direct violation of these Terms & Conditions. It is possible for other users (including unauthorized users or ‘hackers’) to gain access to personal information about you through your use of the Services and to use your personal information for purposes other than those intended by you when you signed up to the Services. StoicMatchmaker is not responsible for the use of any personal information that you disclose on use of the Services.
STOICMATCHMAKER DISCLAIMS ALL LIABILITY, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER THE ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
StoicMatchmaker is not responsible for any interruption, delay in operation or transmission, error, deletion, omission, communications failure, theft or destruction or unauthorized access to any user, member or subscriber communications. StoicMatchmaker is not responsible for any problems or technical errors of any telephone network, online service, servers or providers, software, computer equipment, email systems, technical problems or congestion or service interruptions on the internet or the Services or combination thereof.
ALL INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED VIA YOUR USE OF THE SERVICES IS ACCESSED AT YOUR OWN RISK AND DISCRETION AND UNDER NO CIRCUMSTANCES WILL STOICMATCHMAKER BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, INTERNET ACCESS, OR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR ACTIONS WITH RESPECT TO ANY DAMAGE OF SUCH A NATURE. IF YOU DO NOT AGREE TO THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OTHERWISE OBTAIN ANY INFORMATION OR MATERIAL FROM THE SERVICES.
Any advice or content posted with the Services is intended for informational and entertainment purposes and is not designed to replace any form of professional advice. StoicMatchmaker makes no representations or warranties and hereby disclaims all liability for any actions or effects on any person following the information offered or provided with the Services.
StoicMatchmaker shall not be held responsible for any service interruption or performance failure caused by acts of God (or natural disasters), strikes, power outages, terrorism, embargoes, war, fires or any other causes beyond the reasonable control of the affected party.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by StoicMatchmaker, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
STOICMATCHMAKER DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED WITH THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN STOICMATCHMAKER. UNDER NO CIRCUMSTANCES WILL STOICMATCHMAKER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Disputes Between Members
You acknowledge that you are solely responsible for your interactions with other users of the Services and that StoicMatchmaker shall have no responsibility concerning such interactions. StoicMatchmaker reserves the right, but is under no obligation, to monitor any disputes between you and other users.
Should you have any claim or action against another user you hereby agree to pursue said claim or action independently of StoicMatchmaker and you hereby release StoicMatchmaker from any claims, liability and damages associated with such a claim or action.
If you believe that your work has been infringed and posted with the Services, please contact us in writing with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- identification of the copyrighted work you believe has been copied or infringed;
- a description of where the claimed copyrighted material is to be found with the Services (of sufficient detail to allow StoicMatchmaker to locate it);
- a written statement by the complaining party that you have a good faith, belief that the disputed material is not authorized for use by the copyright owner;
- a written statement by the complaining party, under penalty of perjury, that the information contained in this notification is accurate and truthful and that you are the copyright owner or authorized to act on behalf of the copyright owner; and
- your contact details: name, address, telephone number and email address.
The above information must be submitted to the following address:
P.O. Box 1702;
10821 Red Run Blvd;
Attn: Copyright Agent
Owings Mills, MD 21117 USA
Please be aware that you might be liable for damages (including attorney’s fees and other costs) if you misrepresent any notification or claim that content is infringing upon your copyright.
Indemnity from Users:
User agrees to indemnify and hold harmless StoicMatchmaker, its officers, agents, employees, partners, affiliates, licensees and subsidiaries from any and all losses, claims, damages, expenses (including reasonable fees, disbursements, and other charges of Counsel), actions, proceedings, liabilities or investigations (whether formal or informal), or threats thereof, based upon, relating to, or arising in connection with any and all of the Services that StoicMatchmaker provides or claims to provide, as well as communications or meetings that you arrange on your own volition and on your own time with others who use the Services. You agree that you take sole and complete responsibility for any and all actions that might occur during any meeting, communication, or date.
You acknowledge and agree that you will indemnify and hold StoicMatchmaker, its owners, directors, shareholders, employees, affiliates, suppliers, agents and attorneys, and their successors and assigns, harmless from any and all liability, loss, demand or claim in connection with the content and all other information, material, messaging and communication you may receive from the Services and other users of the Service.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STOICMATCHMAKER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF STOICMATCHMAKER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL STOICMATCHMAKER’S AGGREGATE LIABILITY IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES INCLUDING CLAIMS SEEKING INDEMNITY, OR FOR ANY RECOVERABLE LOSSES OR DAMAGES ARISING UNDER THIS AGREEMENT, EXCEED THE TOTAL ANNUAL REGISTRATION PRICE PAID BY YOU FOR YOUR ACCOUNT DURING ITS THEN-CURRENT CONTRACT YEAR AT THE TIME OF THE INCIDENT GIVING RISE TO THE LIABILITY. IF NO REGISTRATION PRICE WAS PAID TO STOICMATCHMAER, STOICMATCHMAKER DOES NOT RETAIN ANY LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STOICMATCHMAKER 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
StoicMatchmaker and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that StoicMatchmaker and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless StoicMatchmaker, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. StoicMatchmaker reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with StoicMatchmaker in asserting any available defenses.
This indemnification also applies to group activities where we use software such as Zoom® and Skype® to record the activity for commercial purposes. You understand and agree that when software such as Zoom and/or Skype are used, that the activity is being recorded and by participating in the recorded activity, you agree to allow Stoic Matchmaker to use the recording for commercial purposes and for non-members (such as the member's family or friends who are shown or heard on the video momentarily), you agree to indemnify, defend and hold harmless StoicMatchmaker, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that may ensue from our use of software such as Zoom® and Skype®.
Law and Jurisdiction:
This Agreement and any dispute between you and StoicMatchmaker arising out of your use of the Services shall be governed by the laws of Maryland and no other laws and shall be exclusively settled by means of binding arbitration / mediation using a neutral arbitrator (not a judge or jury) as follows:
- The appointed arbitration / mediation authority will be nominated by StoicMatchmaker;
- The arbitration / mediation proceedings shall be held in Baltimore, MD;
- The number of arbitrators / mediators shall be one;
- The language used in the proceedings shall be English;
- The applicable substantive law shall be Maryland;
- Any award granted shall be final and binding and there shall be no appeal; and
- By using the Services and legally entering into the terms of this Agreement you hereby agree, accept, understand and warrant that you:
- Irrevocably consent to the above arbitration / mediation agreement as the exclusive means to settle any dispute resolution between you and StoicMatchmaker;
- Waive any objection you have now or in the future to its location, jurisdiction and terms;
- Acknowledge and agree to give up your right to go to court to assert any dispute or claim (except for matters that may be taken to small claims court); and
- Acknowledge and agree to give up your right to join or participate in any litigation on a class action or representative basis in a private attorney general capacity (or other similarly situated persons) with respect to any claim.
Refusal of Service
Stoicmatchmaker reserves the right to refuse service to any person for any reason. StoicMatchmaker reserves the right to terminate or suspend your registration at any time and for any reason, with or without notice, including but not limited to breach of this Agreement. Cases of fraudulent or illegal activities may be referred to the appropriate law enforcement agencies. After your Membership or Subscription is terminated for any reason, all terms of this Agreement shall continue in full force and effect.
As a Member, you agree that at any time you delete your profile from the website, StoicMatchmaker is under no obligation to continue to provide services to you as a member for the remainder of the payment period for which you paid, and StoicMatchmaker also reserves the right, at it's sole discretion, to refuse to continue to provide, or provide in the future, any services to you.
You agree that the Basic Training Member program ended as of 12pm on June 23, 2022 and that StoicMatchmaker is under no obligation to provide services to you if you make a future request to become either a Basic Training member.
You understand and agree that although StoicMatchmaker endeavors to uphold the necessary safeguards concerning your personal data, StoicMatchmaker cannot ensure nor guarantee the safety, security or privacy of the information that you provide via the Internet or in email communications, and you hereby release us from any and all liability in connection with the use of this information by other parties.
Merger or Acquisition:
In order to ensure a smooth transition of the Services in the event of an acquisition, merger, reorganization, sale of any part of the Services owned by StoicMatchmaker, StoicMatchmaker may transfer your personally identifiable information to a third party as part of such acquisition, merger, reorganization or sale without notice to you, provided any such third party shall be liable to honor the terms of the Agreement.
Modifications to Service:
StoicMatchmaker will use commercially reasonable efforts to maintain the full operation of the Services, however StoicMatchmaker reserves the right at any time to modify or discontinue, temporarily or permanently the Services (or any part of the Services) with or without notice. You acknowledge and agree that StoicMatchmaker shall not be liable to you or any third party as a result of any modification, suspension or discontinuance of the Services that it makes.
Email Communications and Test Profiles:
By becoming a user of the Services, you hereby agree to receive email communications from StoicMatchmaker. The emails sent to you by StoicMatchmaker as part of the Services may be relationship or transactional in nature. These emails may include but are not limited to, user profile announcements, Service announcements, Service changes, administrative related communications, newsletters, or emails containing commercial offers or promotions from StoicMatchmaker as well as third parties. From time to time, StoicMatchmaker may create test dating profiles or test networking profiles for the purpose of checking and testing the functionality of our Services to improve the quality and user experience for its users.
Data Retention Policy:
StoicMatchmaker’s Data Retention Policy is designed to help ensure compliance with legal obligations in relation to the retention and deletion of personal information. Personal information that is processed by StoicMatchmaker for any purpose or purposes shall not be kept for longer than is necessary to provide the member with our Services.
As part of our commitment to keeping users safe, we have adapted our retention policy to privately retain information on deleted profiles for a reasonable length of time as may be required to comply with the appropriate law enforcement bodies in the event of cases of harassment, bullying or other criminal acts.
Buying Members’ Writings:*
Stoic Matchmaker, LLC is interested in producing a book of “S-T-O-I-C Storytelling Writings” based on its members’ experiences in life as its members practice Christianity and the stoic virtues based on learning gained through participation in our program. The writings will be based on our five (5) S-T-O-I-C Storytelling method. The writings will also be used by Stoic Matchmaker in program analyses for subsequent program improvement.
For this work, you agree that as a Registered member on the StoicMatchmaker.com website, you would like to be considered as a potential independent contractor (herein referred to as “seller” or “you” or “your” or “member” in this section) for hire by Stoic Matchmaker, LLC (herein referred to as “buyer” or “we” or “us” or “our” in this section) to produce our book of S-T-O-I-C Storytelling Writings.
You also acknowledge that from time to time, we will seek a seller to perform work for us by writing sentences based on using our S-T-O-I-C Storytelling method. When selected by buyer to receive an offer, seller will receive a written offer by email from buyer. Seller agrees to keep an active PayPal account which will be used to send payment for work to the seller. Seller also agrees that payment to seller will only be made via seller's active PayPal account. If seller does not keep an active PayPal account, seller agrees this offer is void -- No payment will be made to seller. Seller further agrees that any PayPal fees associated with seller's receipt of payment for work is the sole responsibility of seller.
As an independent contractor, if selected by us to perform the work (as the seller), you acknowledge you will be entering into a bilateral contract with us when writing the S-T-O-I-C Storytelling sentences. There will be a mutual exchange of promises between you and us. You will promise to (a) perform the work in a professional manner including providing a written product suitable for publication in the general public for all ages and (b) deliver the work in its entirety within the agreed upon timeframe. We will promise to pay you for performing the work. You will be selling your work to us. Thus, the contract will be considered making a promise and being the beneficiary of a promise for each party.
*This is our current approach that may expire or change at any time. You acknowledge that the phrase “$50 paid if hired to write 5 sentences" and the phrase "$50 paid if hired to write 120 (one hundred twenty) T-O-I-C sentences for the Stoicess' Helpline Request" applicable following a consecutive 4 month period are not intended to and do not create a contract or offer of employment as an independent contractor. When selected by buyer to receive an offer, the seller will receive a written offer by email from buyer. You acknowledge that there are three "4 consecutive month periods" in a year. You acknowledge that the "$50 paid if hired to write 5 sentences" requires the independent contractor to provide a "Mindset Behind the Storytelling" writing along with the 5 sentences S-T-O-I-C Storytelling writing.
Pricing of Services:
We reserve the right to change the price of our services at any time; notification to you will be made by either email (example MailChimp), the homepage of the website, the Training page of the website, or this Terms & Conditions page.
The pricing of our services is currently on a monthly basis where one month equals 30 days.
This Terms & Conditions was last revised on June 27, 2022.
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