Terms of Use

Birds of a Feather Matchmaking Terms of Use Policy

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Birds of a Feather Matchmaking, LLC (“Firm,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of [birdsofafeathermatchmaking.com], including any content, functionality, and Paid Services applications offered on or through [birdsofafeathermatchmaking.com] (the “Website“), whether as a guest or a registered user.

Your use of certain services may be subject to additional terms and conditions, and such terms and conditions will be either listed in these Terms of Use or will be presented or accessible to you by us when you are authorized to use, or use, such services (“Additional Terms”). All such Additional Terms are incorporated by reference into these Terms of Use unless otherwise indicated. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, or otherwise.

All visitors to or users of our Website, whether registered or not, are “users” of the services for purposes of this agreement. If you register for the services by creating an account to apply for Paid Services, you become a “Member”.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

These Terms of Use contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or class actions. 

Paid Services

Through our Website, you may apply for any of our customized dating and matchmaking-related services (“Paid Services”) as described on our Website. Your application does not guarantee that you will be approved or authorized to use the Paid Service, as we reserve the right to reject any application for any reason in our sole discretion. Anyone who is accepted for any Paid Services will also be subject to Additional Terms (which will be described more fully in the relevant service agreements). However, any successful Paid Service applicants also agree to remain bound by these general Terms of Use. 

In addition to those Paid Services currently offered, we may choose to offer additional services or products or modify or revise any of the services at our discretion, and these Terms of Use will apply to all additional services or products and all modified or revised services unless otherwise indicated. We also reserve the right to cease offering any of the Paid Services.  You agree that we shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Paid Services.

If you apply for any of our Paid Services, you authorize Firm, and our payment processors, to store your payment and related financial information. You also agree to pay all applicable fees for the Paid Services plus all related taxes before Firm will begin to provide any of the Paid Services. All fees and charges are non-refundable and there are no refunds or credits for any partially used services except: (a) as expressly described in these Terms of Use, (b) as required by applicable law, (c) at our sole and complete discretion. 

Anyone who applies for one of our Paid Services agrees, represents, and warrants: 

1. Criminal History. By applying to use any of our Paid Services, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. We reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this section. However, as a general matter of practice, we do not conduct background checks.
2. Marital Status. By applying for any of the Paid Services, you represent and warrant that you will honestly represent your married or relationship status. We reserve the right to refuse your application, or revoke your acceptance, if it is discovered that  if you do not meet our relationship requirements or provided false information.
3. Risk Assumption and Precautions. You assume all risk when using the Website or your Website account including but not limited to all of the risks associated with any online or offline interactions with others. You are solely responsible for your interactions with other users. You understand that we make no guarantees, either express or implied, regarding your ultimate or lasting compatibility with individuals you meet as a result of or through our Website. You agree to take all necessary precautions when meeting or continuing to see such individuals. When we say “other users”, we mean any person you may meet as a result of your use of our Website, whether at an event or through a potential match set up by Firm’s Paid Services. You will promptly report to Firm any violation of the Terms of Use by others, including but not limited to, other users.
4. No Harassment of Firms’ Employees or Agents. You will not harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Website to you.
5. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of these Terms of Use or the Privacy Policy, we reserve the right, but have no obligation, to disclose any information that you submit to us, if in our sole opinion, we suspect or have 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 we, in our sole discretion, deem 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 we are permitted to make such disclosures.
6. YOUR INTERACTIONS WITH OTHER USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FIRM CURRENTLY DOES NOT ROUTINELY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. FIRM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. FIRM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS CLIENTS OR USERS OR THEIR COMPATIBILITY WITH ANY OTHER INDIVIDUAL. FIRM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. IN NO EVENT SHALL WE 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 WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS IF AND WHEN YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT FIRM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET AS A RESULT OF OUR WEBSITE OR SERVICES. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.

Use of Paid Services

You agree that you will only use the Website, and your Paid Services account therein, in a manner consistent with these Terms of Use and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the Website and Paid Services account is void where prohibited. 

1. Registration. If you choose to create an account to apply for Paid Services, you must provide all required information in the application. All information must be accurate and current. 
2. Member Account. Each Member may only create one unique profile with Firm. You will not send or include any inaccurate, misleading, incomplete or false information to us or to any other user. You agree that all images you send us are of you and were taken within the last 2 years. 
3. Account Security. You will create a password for your Paid Services account. You are responsible for maintaining the confidentiality of the username and password for your account, and you are fully responsible for all activities that occur under your username and password. You agree to notify us if you suspect unauthorized use of your account or any other type of security breach. You agree to ensure that you exit from your account at the end of each session. You agree not to use the account of another Member. You acknowledge that we are not responsible for any loss or damage arising from the theft or unauthorized use of your account. We recommend you use a strong password unique to the Website. 
4. Exclusive Use. You will only use the Website and your Website account for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use or apply for the Paid Services or otherwise attempt to transfer your right to use or apply for the Paid Services to any other person or entity. 
5. No Commercial Solicitation or Advertising. You will not use or apply for the Paid Services for the purpose of advertising or soliciting any products or services. You will not use any information obtained from the Website to contact, advertise to, solicit or sell to any user. 
6. No Liability for User Conduct. We are not responsible or liable in any way for our Members or users conduct. You acknowledge that you use the Website at your own risk. 
7. User Conduct. You agree not to do any of the following in connection with the Website or towards other users:
   1. use the Website in any unlawful or harmful manner;
   2. cause harm to any employees, agents, or other clients;
   3. engage in any unlawful, harassing, offensive, defamatory, intimidating, obscene, threatening, or stalking conduct;
   4. use the Website in a manner to disrupt, damage, disable, or impair the performance of the Website for yourself or others;
   5. attempt to compromise the system or server security;
   6. transmit any material which infringes or violates another party’s rights;
   7. impersonate anyone or otherwise misrepresent material facts about yourself in your application;
   8. make any commercial use of the Website, or any information discovered while using the Website or applying for Paid Services;
   9. solicit involvement for a political platform or religion;
   10. defraud or deceive others on the Website;
   11. collect or disseminate another person’s personal information;
   12. use any scripts or bots to scrape or access the Website;
   13. use the Website to redirect to, or encourage users to visit, other sites;
   14. attempt to access any parts of the Website without authority to do so;
   15. bypass Website security measures;
   16. use another person’s account or allow anyone to use your account; or
   17. upload invalid data, viruses, or other malware through the Website. 
8. Verification and Enforcement. Although we do not routinely conduct criminal screenings of our users, you agree that we have the right to do so at our sole discretion, and, by applying for any Paid Services, you consent to such screening and agree to provide to us complete, accurate and current information confirming your eligibility for use of the Website and any Paid Services. You understand and agree that if we believe in its sole discretion that you have violated the terms of these Terms of Use, misused the Website, or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, we may, among other things, investigate, take legal action against you and/or terminate your account or application and cancel your account. 
9. Prohibited Content. You will not apply with, or later submit to us, any information or any photographs that:
   1. infringe the copyright or intellectual property of anyone else;
   2. is/are false, misleading, or inaccurate;
   3. violates any applicable laws, statutes, or regulations;
   4. promotes hatred, bigotry, or violence;
   5. contains any viruses or malware;
   6. is discriminatory, harmful, obscene, threatening, pornographic, or otherwise offensive in our sole discretion; or 
   7. misrepresents your identity.
10. Submission.  Separate and apart from the content you provide as part of your application for use of the Paid Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to Firm and our Paid Services (collectively, “Submissions”). Submissions, whether provided to Firm by email or otherwise, are non-confidential and shall become our sole property. You hereby assign to Firm all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. We shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Social Networking Services. When you create your account to apply, you may also enable access to your account through a social networking service by linking your Firm account with your account on such social networking site (“Third-Party Accounts”). Before you choose to enable Firm to access your Third-Party Account, ensure that such connection is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Firm access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Firm to pay any fees or making Firm subject to any usage limitations imposed by such third-party service providers. By granting Firm access to any Third-Party Accounts, you understand that we may access, make available and store (if applicable) Content (defined below) that you have provided to and stored in your Third-Party Account so that it is available on and through your account for our Paid Services. You have the ability to disable the connection between your Firm account and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. We make no effort to review any third-party content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any third-party content.

Changes and Modifications 

Please note that these Terms of Use are subject to change by Firm in its sole discretion at any time. When changes are made, Firm will make a new copy of the Terms of Use available at the Website and any new Additional Terms will be made available from within, or through, the affected service. We will also update the “Last Updated” date at the top of these Terms of Use. Firm may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or your account for Paid Services. Otherwise, your continued use of the Website and/or Paid Services account constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF USE.

Basic Requirements 

1. Users: You may browse the site or sign up for our newsletters, however, you must register an account with Firm if you wish to apply for any of our personalized Paid Services. When registering, you must only provide us with true, accurate, current, and complete information. If we believe or suspect that your information is not true, accurate, current, or complete, we may deny or terminate your Website account or reject any Paid Services application therein. 
2. Membership Eligibility Requirements: If you register to apply for our Paid Services, you warrant that: you are at least 18 years old, you have never been convicted of a felony or any criminal offense characterized as a sexual offense and are not required to register as a sex offender with any government agency, you have not been previously suspended or removed from the Website or any of our Paid Services, you have the right and capacity to agree to these Terms of Use and abide by all terms herein, you are not our competitor, you are not using the Website or applying for Paid Services for reasons that are in competition with us or other than for our intended purpose, you are not located in, under the control of, or a national or resident of any country not in good standing to do business with the United States. 
3. Electronic Records: Because many of the Paid Services are, or can be, conducted online, you must consent to providing and receiving important information electronically if you wish to be a Member. You consent to being provided with these Terms of Use, notices, disclosures, information, policies and other materials in electronic form rather than in paper form. 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Firm, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

2. you may store files that are automatically cached by your web browser for display enhancement purposes; or
3. you may download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not: 

1. modify copies of any materials from the Website;

2. use any illustrations, photographs, video or audio sequences, or any graphics for commercial use; or

3. delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Firm. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Access to Website, Mobile Access

Firm does not guarantee that our Website will be available at all times. The Website is  provided on an “as is” or “as available” basis. No warranty is given about the quality, functionality, availability or performance of the Website. We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing our Website through mobile services or any similar service currently known or developed in the future.

By accessing our Website or agreeing to receive messages or notifications from Firm through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

Rejection, Termination

We reserve the right to deny or reject your application for any Paid Services for any or no reason in our sole discretion. We further reserve the right to suspend, deactivate, or terminate your account with us and block your access to our Website for any reason or no reason, in our sole discretion, with or without notice. In the event that we terminate or suspend your account access for cause, such as due to any breach of these Terms of Use, flagged conduct or content, third party complaints or repeat copyright infringement violations, you agree that all fees then paid to Firm by you will be nonrefundable. 

Third-Party Links

The Website may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links, you may be directed to third party sites. These third party sites have their own terms of use and privacy policies, which may differ from these Terms of Use. The display of links to third party sites does not constitute our endorsement of any of the third party content information, sites or resources provided. Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including, but not limited to, the third party sites’ compliance with applicable laws or regulations. 

Mobile Services

You may access and use the Website using certain mobile devices, (the “Mobile Services”). Your access and use of the Mobile Services is subject to these Terms of Use, as well as any Additional Terms presented to you. Please note that by accessing or using the Mobile Services, your carrier’s normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees.

Disclaimer of Warranties

FIRM PROVIDES THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

FIRM DOES NOT REPRESENT OR WARRANT THAT (A) YOUR USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED OR (C) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE WEBSITE.

FIRM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS APPLYING TO THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE WEBSITE BY MEMBERS. THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

FIRM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FIRM. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIRM, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FIRM, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS TERMS OF USE OR THE USE OF THE WEBSITE, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE 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 WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE WEBSITE. 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.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.

Indemnity, Hold Harmless

You agree to indemnify, defend and hold harmless Firm, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents (“Firm Parties”), from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Website (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Website. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to the Website and/or Paid Services.

You hereby further release Firm and its’ successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Use or your use of the Website. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Assignment

These Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you, but may be assigned by Firm without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. 

Dispute Resolution, Mandatory Arbitration, Limitation Period

We hope to be able to resolve any disputes amicably and quickly so we encourage you to contact us and explain your complaint as quickly as possible. In the event you believe we have not adhered to these Terms of Use, please contact us at info@birdsofafeathermatchmaking.com. We will do our best to resolve your concerns. However, if you feel your complaint has not been fully addressed even with further investigation and negotiations, all claims and disputes must be resolved in accordance with this section.

Arbitration Agreement. Please read this section carefully. It is a material element of your contract with Firm and affects your rights. 

All claims and disputes in connection with these Terms of Use that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this agreement. This agreement applies to you and Firm, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Use.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case the hearing will be held in Illinois, unless the parties agree otherwise). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Time Limitations. You and Firm agree that any cause of action arising out of or related to these Terms of Use, the Website or any services must commence within one (1) year after the cause of action accrues or else the cause is permanently barred. 

Class Action Waiver

YOU AND FIRM AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FIRM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PRECEEDING.

Contact Us

If you have any questions or comments about these Terms of Use, you may email us at info@birdsofafeathermatchmaking.com. 

Severability

If any provision, or any portion thereof, of these Terms of Use is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect.

Governing Law, Jurisdiction

These Terms of Use shall be construed in accordance with the internal laws of the State of Illinois without regard to principles of conflict of law, in every respect including, without limitation, validity, interpretation, and performance. Notwithstanding the preceding sentences with respect to the substantive law, the interpretation and enforcement of, and proceedings pursuant to, the arbitration section of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and acknowledge the continuing applicability of our right to contract for binding arbitration and waiver of any right to participate in a class Action or jury trial. You agree that any claim or dispute you may have against Firm must be resolved in a federal or state court located in Chicago, Illinois, USA or as described in the Arbitration provision below. You agree that the state or federal courts located in Illinois, USA are the exclusive forum for any proceeding to confirm or vacate an arbitration award rendered in accordance with these Terms of Use (or for any proceeding seeking relief in aid of such arbitration) or in the event that the arbitration provision of this agreement is for any reason held to be unenforceable.

Entire Agreement

You agree that these Terms of Use, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and Firm regarding the use of the Website and supersedes all prior agreements and understandings (including without limitation any prior versions of these Terms of Use), except to the extent that the parties have entered into a separate written agreement applicable to the Website that expressly governs over these Terms of Use.

No Third Party Rights

Nothing in the Terms of Use shall confer or purport to confer on any other third party, any rights or benefits.

No Waiver

No failure or delay by us in exercising any right, power or privilege under the Terms of Use shall operate as a waiver of such right or acceptance of any variation of the Terms of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Last Modified: July 11, 2023