Online Dating at Colorblindmatchmaking.com
Terms of Use
This agreement (“Agreement”) is between you and Color Blind International, a Georgia corporation (“CBI”). By accessing the CBI website, currently located at www.______________.com (the “Site”), and using any of the Services (as such term is defined below) that are accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or the Services. Additionally, if you become a Member (as such term is defined below) you will also be bound by this Agreement. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
1.
Acceptance of Terms of Use Agreement.
a. By accessing the Site, using the Services or becoming or seeking to become a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
b. By accessing the Site, using the Services or becoming or seeking to become a Member, you consent to have this Agreement provided to you in electronic form.
c. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: ___________________________________.
d. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password and you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request. To withdraw your consent and/or request a non-electronic copy of this Agreement, please Contact Us online or send a letter and self-addressed stamped envelope to: ______________________________. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. In order to access and retain this electronic Agreement, you must have access to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the internet, including a computer and modem or other access device. 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. We will notify you via the Site of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
f. This Agreement is subject to change by CBI in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
a. The CBI services include, but are not limited to: Private Dating Club membership, relationship suitability assessments, relationship coaching services, private events, parties, trips, cruises, discounts on dining, boutiques, cosmetic enhancement clinics and hotels. CBI may offer additional Services or revise any of the Services, at its discretion, and this Agreement will apply to all additional Services or revised Services. CBI also reserves the right to cease offering any of the Services.
b. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
c. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
(1) Restrict, suspend, or terminate your access to all or any part of the Services;
(2) Change, suspend, or discontinue all or any part of the Services;
(3) Refuse, move, or remove any material that you submit to our Site for any reason;
(4) Refuse, move, or remove any content that is available on our Site for any reason;
(5) Deactivate or delete your account and all related information and files in your account;
(6) Establish general practices and limits concerning use of our Site.
d. In consideration for your use of this Site and the Services, you agree that we will not be liable to you or any third party for taking any of the foregoing actions.
e. You understand and agree that the Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that the Services may include advertisements.
3.
Eligibility.
a. You must be at least eighteen (18) years of age and single or separated from your spouse to be eligible for membership in the CBI Private Dating Club and to use our Site or Services. Membership in the Service is void where prohibited. By becoming a Member and using the Site or Services, 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.
b. All prospective Members must submit to a nationwide criminal background check. CBI will make best efforts to complete thorough background checks and screen out any applicants with backgrounds that raise any safety issues or other concerns as determined by CBI in its sole discretion.
c. CBI does not guaranty the accuracy or completeness of its screening process and is not responsible for the intentional or negligent acts of any Members, regardless of the background check and screening process.
d. Members are responsible for using their own judgment and making sure that they feel comfortable and safe with all levels on contact made directly or indirectly with any member as a result of the Site or Services offered by CBI under this Agreement.
e. Any prospective Member whose background check returns convictions for any crimes of moral turpitude such as murder, rape, sexual battery, aggravated assault, armed robbery, kidnapping, child molestation or any crime that requires him or her to register as a sex offender with any government entity shall be disqualified from Membership.
f. Any prospective member whose background returns convictions for a misdemeanor that does not involved moral turpitude may submit a letter of explanation, which will be given due consideration. If granted Membership, said Member shall consent to the release of his or her criminal history to his or her dating prospects prior to any dates being scheduled.
g. The membership of any prospective member who provides false or misleading information to CBI is subject to termination if such membership is granted based in whole or in part on any such information and may be permanently banned from Membership as well as any and all CBI Services.
4.
Membership and Pricing.
The initial fee to be considered for Membership is $249.00. The initial fee in non-refundable covers the background check, phone interview with a relationship liaison, assessment by a personal relationship consultant, and Membership in the Private Dating Club, if accepted. As a Member, you will have the ability to participate in all of the features and services available within the Service. CBI reserves the right to make recommendations to Member to enhance their chances of finding a suitable mate. If a Member fails to take heed to these recommendations, we are not responsible for any delay or inability in locating a suitable match for such member.
5.
Match Process and Pricing.
a. Approximately 30 to 45 days after being approved for Membership, each Member will be paired with a prospective match; provided the Member has completed all requirements of Membership and fully complies with all of the obligations and requirements of membership as well as the Terms and conditions of this Agreement. Once a prospective match has been identified for a Member, the Member will be required to pay a $375.00 match fee per match. The match fee is non-refundable. The time frame for locating a prospective match is dependent on numerous factors and cannot be predicted with certainty. The time frame listed in this Agreement is a guideline and not a guaranty. Actual times will vary.
b. Members are matched using CBI’s 5 point matching system, which is based on the core characteristics and personality traits of each Member and his or her prospective match. CBI’s process is personalized and very detailed. Each Member receives individualized attention during the selection process and matching process.
c. Based on the results of the selection process, each Member is sent two potential matches by email or by telephone. The potential matches will be hand selected for them by their personal relationship liaison. The Member may select one of the two prospects and will receive the contact information for the one selected. The Member and the prospect will be required to set a date at one of CBI’s participating locations in order to receive complimentary beverages or other promotional consideration.
d. Within 24-hours after the initial date, each Member will have the opportunity to contact CBI and request one additional date with another prospect at no addition if the Member is not satisfied with the prospect chosen by CBI. In order to be valid, the request for an additional date must be made in writing and received by CBI within 24 hours after the initial date.
6.
Term.
This Agreement shall remain in full force and effect while you use the Site and Services and/or are a Member. You may terminate your membership at any time, for any reason. CBI 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 CBI. CBI is not required to provide you notice prior to terminating your membership 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.
7.
Site Content.
a. This Site may include a combination of content that we create, that our partners create, and that our users or Members create. All materials that we publish on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation (“Our Content”), are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of Our Content in whole or in part.
b. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our site ("Your Content"). You certify that you own all intellectual property rights (including copyrights, service marks and trademarks) in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
c. Our site may contain Our Content as well as content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the content on our site, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of our site.
8.
Personal Use.
Your membership, if applicable and your use of this Site are for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account or your membership to any other person or entity. You acknowledge that CBI is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
9.
Risk Assumption and Precautions.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through Private Dating Club or the Service. In addition, you agree to review and follow the recommendations set forth in CBI’s Safety Tips.
10.
Reporting of Violations.
You will promptly report to CBI any violation of the Agreement by others, including but not limited to, Members.
11.
Account Security.
You are responsible for maintaining the confidentiality of your username and password and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify CBI 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. CBI 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.
12.
Conduct on Our Site.
You agree that you will not use our site to take any of the following actions:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
b. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
c. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our site, any software or hardware, or telecommunications equipment;
d. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
e. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
f. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
g. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
h. Restrict or inhibit any other user from using and enjoying any public area within our site;
i. Collect or store personal information about other end users;
j. Interfere with or disrupt our site, server, or network;
k. Impersonate any person or entity, including, but not limited to, a CBI representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
l. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site or to manipulate your presence on our site;
m. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
n. Engage in any illegal activities.
13.
Limitation of Liability.
Except where restricted or prohibited by applicable law , in no event will CBI 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 Site or the Service, even if CBI has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, CBI'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 CBI for the Service during the term of membership.
14.
Jurisdiction and Choice of Law.
If there is any dispute arising out of the Site and/or the Service, by using the Site and/or the Service, you expressly acknowledge and agree that any such dispute shall be governed by the laws of the State of Georgia, 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 Georgia, Fulton County, for the resolution of any such dispute.
15.
Indemnification.
You agree to indemnify and hold harmless CBI, its subsidiaries, affiliates, officers, agents, partners, principals 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 Membership, your use of the Service and/or this Site in violation of this Agreement and/or arising from your breach of this Agreement and/or any breach of your representations and warranties set forth above, including, without limitation, any claim for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of
a. Your use of our Site;
b. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
c. The content, the quality, or the performance of content that you submit to our Site;
d. Your connection to our Site;
e. Your violation of these Terms; or
f. Your violation of the rights of any other person or entity.
16.
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.
17.
Disclaimers.
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our site. We disclaim any responsibility for, any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT IS DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
18.
Severability.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
19.
Entire Agreement.
This Agreement contains the entire agreement between you and CBI regarding the use of the Site 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.
20.
Disclosures.
a. You acknowledge and agree that CBI 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 CBI’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.
b. Notwithstanding any other provision of this Agreement, CBI reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, CBI 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 CBI, 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 CBI is permitted to make such disclosure.
I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.