Terms of Service
THE LDS MATCHMAKER, LLC
Terms of Service AGREEMENT
This TERMS OF SERVICE AGREEMENT (“Agreement”) is between you and The LDS Matchmaker, LLC, a Utah limited liability company (“TLM”), which may be contacted at 10712 South 1300 East Sandy, Utah 84094, USA. By accessing the TLM web site, currently located at https://www.theldsmatchmaker.com (the “Site”), and using, participating or registering for any of the Services (as defined below) accessible or advertised 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 participate in the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. 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. For the purposes of this Agreement, “you,” “your” or “yourself” shall mean the person who accesses the Site or registers for the Services.
TLM services consist of the following, without limitation:
Personal Matchmaking and Coaching Services;
Singles Events, including Exclusive Matchmaking Events;
Image and Dating Seminars/Presentations; and
Singles Events open to LDS men and women who are legally unmarried
(all of the above collectively referred to as the “Services”). TLM 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. TLM also reserves the right to cease offering any of the Services.
Please review this Agreement carefully, including the Arbitration provision in Section 11, which describes how Disputes (as defined below) will be resolved between you and TLM, and that no class actions may be brought under this Agreement.
This Agreement is subject to change by TLM in its sole discretion at any time, and any such changes will be posted on the Site. 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. Minimum Age. You must be at least 18 years old to use the Site or to register for the Services. By accessing the Site and/or using the Services, you represent and warrant that you are at least 18 years old. Certain Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
b. Marital Status. By requesting to use, registering to use, or using the Site and/or registering or participating in the Services, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, use or otherwise participate in the Services.
c. Health/Emotional Stability. By requesting to use, registering to use, or using the Site and/or Services, you represent and warrant that you are in an emotionally sound and healthy position for dating. Being an emotionally sound and healthy position for dating shall include, but not to be limited to, you NOT:
i. Being addicted to drugs, alcohol, prescription medication, pornography or sex;
ii. Engaging in behaviors that are, or could be deemed as, verbally, physically, sexually or emotionally abusive, (including an past or present allegations of sexual assault or abuse); and
iii. Engaging in any behaviors that are self-harming.
d. Criminal/Credit History. By requesting to use, registering to use, and/or using the Services, you represent and warrant that you have never been convicted of a felony, are not required to register as a sex offender with any government entity and/or have not been convicted of any crimes related to moral turpitude, including, but not limited to, fraud, adultery, lewdness, indecency and solicitation. TLM DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS OR CREDIT HISTORY CHECKS ON ITS MEMBERS. However, TLM reserves the right to conduct any criminal background or credit history checks, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECKS.
e. Right to Refuse Services. To the maximum extent permitted by applicable law, TLM, in its sole discretion, reserves the right to refuse participation in the Services or use of the Site by any individual.
2. Use of Site and Services. As a user of the Site or a user registered to use or participate in any of the Services (a “Registered User”), you agree to the following:
a. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TLM is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
b. Geographic Limitations. You will only use the Site and the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the use of the Services is legal in your respective jurisdiction.
c. Information Submitted. You are solely responsible for, and assume all liability regarding,
i. the information and content you contribute to the Site or provide with respect to a particular Service;
ii. the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Site or Services; and
iii. your interactions with other Registered Users through the Site or Services.
d. Risk Assumption and Precautions. You assume all risk when using the Site and participating in 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 any of the Services or as a result of any offered Services. In addition, you agree to review and follow the recommendations set forth on the Site under the title TLM’s Safety Tips. A link to TLM's Safety Tips is available HERE.
e. No Guarantees. TLM may not be able to provide matches for everyone seeking to use or using its Site and/or Services. Further, TLM makes no guarantees as to the number or frequency of matches through the Services offered, or to such matches’ ability, desire or criteria to communicate with any user. You understand that TLM makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals.
f. Reporting of Violations. You will promptly report to TLM any violation of the Agreement by others, including but not limited to, Registered Users.
g. Content Removal. TLM reserves the right, but has no obligation, to monitor the information or material you submit as a part of the Services or post in the public areas of the Site. TLM 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. TLM further reserves the right to remove or revoke any matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Site and at Services.
h. Posting and Communication Restrictions. You will not post on the Site, provide at the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
iii. is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
iv. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
v. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
vii. intended to defraud, swindle or deceive other users of the Services;
viii. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
ix. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
x. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
xi. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
xii. solicits gambling or engages in any gambling or similar activity;
xiii. uses scripts, bots or other automated technology to access the Site or Services;
xiv. uses the Site or Services for chain letter, junk mail or spam e-mails;
xv. collects or solicits personal information about anyone under 18; or
xvi. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
i. Unique and Bona Fide Profile. As a Registered User of the Site and/or Services, you will create only one unique profile. In addition, your use of the Services must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Services (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all Registered Users are available for matching. From time to time, TLM may create test profiles in order to monitor the operation of the Site and/or Services.
j. Selection of Profiles. From time to time, your profile may be selected to introduce you to specific compatible matches, in which case TLM may offer your contact information (email or phone number only) in order to enable you to meet such specific match. You will be under no obligation to meet with or communicate with the match(es) TLM may introduce to you.
k. No Harassment of TLM Employees or Agents. You will not harass, annoy, intimidate or threaten any TLM employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that TLM is the owner of highly valuable proprietary information, including without limitation, the compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, “Confidential Information”). TLM owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. 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 Confidential Information or 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.
4. User Information.
a. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on TLM’s Privacy Statement located HERE. By using the Site or the Services, you are consenting to the terms of TLM’s Privacy Statement.
b. Disclosure By Law. You acknowledge and agree that TLM may disclose information you provide if required to do so by law, at the request of a third party, or if TLM, in our sole discretion, believes 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 TLM’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.
c. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, TLM reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, TLM 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 TLM, 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 TLM is permitted to make such disclosure.
5. Disclaimer of Warranty.
a. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TLM PROVIDES THE SITE AND SERVICES 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 OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TLM DOES NOT WARRANT THAT YOUR USE OR PARTICIPATION WITH THE SITE OR 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. TLM DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by TLM, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TLM DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY Opinions, advice, statements, offers, or other information or content made available through the Site or Services not directly MADE by TLM, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN UM. UNDER NO CIRCUMSTANCES WILL TLM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR THROUGH THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR NON TLM AGENT.
6. Limitation of Liability.
a. Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TLM BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF TLM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL TLM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR THE RESPECTIVE SERVICES, OR, IF YOU HAVE NOT PAID UM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 U.S. DOLLARS OR ITS EQUIVALENT.
b. No Liability for non-TLM Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TLM 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 SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM PARTICIPATION IN THE SERVICES OR 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.
c. Information Verification. TLM 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 TLM and its contractors will have no liability to you arising from any incorrectly verified information.
a. You agree to indemnify, defend and hold harmless TLM and each of its 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 Site or 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. TLM 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 TLM in asserting any available defenses.
8. Complaints / Law Enforcement Contact. To resolve a complaint regarding the Site or a Service, you contact TLM through its “Contact Us” link on the Site located at https://www.theldsmatchmaker.com/contact-us. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to TLM at its physical office address provided at the beginning of this Agreement.
9. Communication and Privacy. TLM requires Registered Users to provide email and telephone information to participate in Services and to use the Site. TLM may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, TLM may contact you by telephone, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
10. Term and Termination. This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or TLM may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. TLM reserves the right to immediately suspend or terminate your access to the Site or any of the Services, without notice, for any reason or no reason. TLM also reserves the right to remove your account information or data from our Services and any other records at any time at TLM’s 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 then paid to TLM by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by sending a notice of cancellation to physical address provided at the beginning of this Agreement.
a. Arbitration of Disputes. You and TLM agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of TLM (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of TLM’s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which TLM may elect to have resolved by means other than arbitration. Notwithstanding the above, TLM is always interested in attempting to resolve any Disputes by amicable and informal means, and TLM encourages you to contact us before resorting to arbitration. YOU AND TLM AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
b. No Class Actions. YOU AND TLM ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor TLM agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
c. Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with UM, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
d. Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
e. Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
12. General Provisions.
a. Right to Seek Injunction. Violation of this Agreement may cause TLM irreparable harm, and therefore agree that TLM 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 TLM may have for a breach of this Agreement.
b. Miscellaneous. This Agreement, which you accept upon use of the Site or registration of Services, the Privacy Statement located on the Site, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and TLM regarding the use of the Site and Services, superseding any prior agreements between you and TLM related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of TLM to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Revision Date. This Agreement was last revised on April 2, 2017