Member and Usage Agreement

Please read this Agreement in its entirety. Registration and/or use of the MatchWise.com system shows that you have accepted the terms of this agreement and later updated or revised versions of it. You may check the agreement at any time by following the link in the Privacy Policy.

MatchWise.com is a way for single, American Christian adults to meet other like adults via the Internet. It uses technology to find or search for matches for individuals, based on the clinical psychological research of the compatibility of individuals based on specific criteria. A "Member" is anyone who registers.

This is a legal agreement ("Agreement") between you (the "member") and MatchWise, Inc. (herein after referred to as "MatchWise.com" or the "Service" or "Services"). Please read the Agreement carefully before registering for MatchWise.com. By registering, and whether or not you pay a fee, you automatically become a "Member" of the Service, and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member and thereafter for as long as your profile remains in the MatchWise.com system (which may continue after Member terminates their membership or their membership lapses).

Terms

THE TERMS ARE SUBJECT TO CHANGE BY MatchWise.com AT ANY TIME. Registration is explicit acceptance of the terms herein. YOUR CONTINUED USAGE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF FUTURE CHANGES IN THE TERMS.

Restrictions: Minimum Age/Marital Status/Sexual Felony/U.S. Citizenship

MINORS (individuals under 18 years of age) MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 18 years old. MatchWise.com may require Members to provide sufficient information to indicate that they are at least 18 years old. Married individuals may not become members. Individuals convicted of any form of sexual felony may not become members. We reserve the right to do a background check, as needed. MatchWise also does not allow membership by persons currently married, who have committed any form of a sexual felony, nor non-U.S. citizens.

Termination and Cancellation

MatchWise.com may terminate your membership in the Service at any time, for any reason, with no advance notice. Termination in no way voids or interrupts other provisions and terms of this agreement.

Members may cancel their membership in the Service at any time.

Single User

Membership in MatchWise.com service is for the Member's sole, personal use. Members may not authorize others to use their membership. Members may not assign or otherwise transfer their account to any other person or entity.

Online Code of Conduct

MatchWise.com reserves the right to change, edit, or remove anything in the Member's profile or photo that it deems to be inappropriate, at its sole discretion. MatchWise.com reserves the right, but has no obligation, to reject any profile or photo for any reason.

Some (but not all) causes of removal, rejecting, or editing of member profiles:

• Members are solely responsible for the content or information they publish or display in their profile or email communications via the MatchWise.com service. As such, Members should take every precaution to ensure that they do not reveal personal information, phone numbers, or locations to other Members.
  
  
• Members must not post or transmit to other MatchWise.com members or employees, any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, libelous, top secret, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Members must avoid making financial solicitations of any kind, or participating in known scams.
  
  
• Members must use MatchWise.com service in a manner consistent with any and all state, local and federal laws, statutes and regulations. Proof of illegal use or any illegal activity, if discovered, will be forwarded to the proper legal authorities.  Scammers will be immediately cancelled. 
  
  
• Members must not include in their profile or screen name an email address, ICQ numbers or other chat numbers, web addresses or links to other websites, telephone numbers, street addresses, last names, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and will not post photos containing nudity or personal contact information.
  
  
• Members will not create multiple profiles, unless permitted by MatchWise.com staff in writing.
  
  
• Members will not engage in advertising solicitation, or other means to sell products or services through MatchWise.com. Members will not transmit chain letters, solicitations, or junk E-mail to other MatchWise.com members.
  
  
• Members will not post, distribute or reproduce in any way any copyrighted material, photos, secret documents, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  
  
• Members are solely responsible for their interactions with other MatchWise.com members. MatchWise.com reserves the right to monitor the accounts, interactions and communications of its members, but shall not be held liable for not catching inappropriate acts, breaks in security or stalking activities from one member to another. Such occurrences should be dealt with by the member blocking the offending party and bringing the offensive contacts to the attention of the Service staff. Should further action be required, Member shall be solely responsible to contact local law enforcement officials.

Indemnity by Member

Member will defend, indemnify, and hold harmless MatchWise.com, its officers, managers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of use of MatchWise.com service. This includes the member's acceptance of any other member or past member's scam or attempt to fraudulently seek money, services or other resources from the damaged member.   Member will hold harmless MatchWise.com for any inaccuracy of information on the service or loss of information, including the unlikely event that security is breached or confidential information of the member is released to any third party.

Online Content

MatchWise.com does not guarantee the accuracy, completeness, efficacy, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by itself or its members. Member agrees to hold MatchWise.com harmless for any loss or damage resulting from the member or anyone else's reliance on information or other content or photos posted or thereafter edited on the MatchWise.com service, or transmitted to the MatchWise.com Members. MatchWise.com does not guarantee compatibility of relationships and therefore shall not be held liable for relationship problems or physical abuse or any other harm in conjunction with resulting relationships or contact between its members. Opinions, advice, statements, suitability of matches, offers, or other information or content on MatchWise.com service are those of their respective authors and not of MatchWise.com, and should not necessarily be relied upon.

WARNING - PLEASE READ THIS: It is possible that other MatchWise.com members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on MatchWise.com service and that you may be involuntarily exposed to such offensive materials or comments. Though we take every precaution to prevent theft of information, it is possible for others to obtain personal information about you due to you revealing such information to any other member, and that the recipient may use such information to harass or injure you. MatchWise.com is not responsible for the use or the resulting damages of the release of any personal information that you may choose to disclose, intentional or unintentional. Please carefully select the type of information that you reveal and post on MatchWise.com service or release to its members.

Monitoring

MatchWise.com reserves the right to monitor, but shall have no obligation to monitor, the communications and all activities posted in the MatchWise.com system, to ensure compliance with all laws. MatchWise.com shall have the right to remove material that violates, or is alleged to violate, the law or the terms of this agreement. Notwithstanding this right of MatchWise.com, you remain solely responsible for the content of the materials, photos and information you post in the public areas of the service and your private mailbox messages. Messages sent between you and other members of MatchWise.com via the MatchWise.com email system or instant messaging service may also be monitored by government authorities in cases where your communications are suspected of illegal or noncompliant activities.

Background Checks

Should the service wish to do, it may perform background checks on its Members to determine compliance with minimum age, marital status, or felony sexual conviction restrictions.  MatchWise uses IP checking and works with other like services to share information and block individual IP's that are known to be involved in fraudulent activities.

Proprietary Rights

MatchWise, Inc. owns and retains other proprietary rights in MatchWise.com service. The Service contains the copyrighted material, trademarks, patents and other proprietary information of MatchWise.com and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Grant of Rights

By posting information and photos or written content to any public area of MatchWise.com, Member automatically grants, and represents and warrants that they have the right to grant to MatchWise.com and other MatchWise.com members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, edit, perform, 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 sublicenses and assign of the foregoing.

Information Supplied by Members

MatchWise.com will make reasonable efforts to keep confidential all information supplied by you to MatchWise.com. MatchWise shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Member shall hold harmless any breach of security of information by MatchWise.com, MatchWise, Inc., or its assigns.

Complaints

To resolve a complaint regarding MatchWise.com service, you should first contact MatchWise.com Customer Support at: admin@MatchWise.com

Disclaimer of Warranty

MatchWise.com provides the Service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with MatchWise.com or its representatives, or otherwise with respect to the service. MatchWise.com specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MatchWise.com further does not warrant that member's use of the Service will be secure, uninterrupted, always available, or error-free, or will meet member's requirements, or that any defects in the service will be corrected. MatchWise.com disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range or any interruption in telephone service.

Limitation of Liability

In no event will MatchWise.com be liable to Member for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the MatchWise.com service, even if MatchWise.com or its agents, assigns or representatives know or have been advised of the possibility of such damages or to any person other than the Member. Notwithstanding anything to the contrary contained herein, MatchWise.com's liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by the Member for the Services to-date, if any.

In addition, MatchWise.com disclaims all liability and Member agrees to such disclaimer and voidance of liability for MatchWise.com, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the MatchWise.com service or actions by the government or authorities, according to legal or illegal action on their part, to monitor the service and review Member communications.

State by State

Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

Applicable Law

This Agreement is entered into in the State of Arizona. Member agrees that Arizona law shall govern this Agreement and any dispute arising out of or relating to this Agreement shall be subject to the state or federal courts of Arizona.

Force Majeur

Neither party will be liable to the other for any delay or non-performance of its obligations hereunder (except obligations to make payment, which may not be excused or delayed based on any such event beyond its reasonable control) in the event and to the extent that such delay or nonperformance is beyond its reasonable control (a "Force Majeure" event). Each party will inform the other party of the occurrence of any event of Force Majeure, its expected duration and cessation, respectively, as soon as reasonably practical. In the event that substantial performance of this Agreement becomes suspended as the result of an event of Force Majeure for a continuous period exceeding 3 weeks, then either party has the right to terminate the Agreement in respect of the unperformed part of the Agreement. Neither party will incur any liability to the other party as a result of cancellation pursuant to this Paragraph. Without prejudice to the generality of the foregoing provisions, the following events will be recognized as events of Force Majeure include: war, civil unrest, strikes, lock-outs and other general labor disputes, acts of government, natural disasters, exceptional weather conditions, blackouts, and Internet or communications downages.

Assignment

This Agreement will be binding upon and inure to the benefit of the Services parties and their respective successors, assigns and legal representatives. This agreement and the obligations hereunder may at any time be assigned by MatchWise.com to another company or service, without notice to the Member.

Disputes

In the event any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this Agreement which is not affected by the dispute. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place in the State of Arizona, or location otherwise mutually agreed upon by the parties. Should action not take place within 60 days to find and establish an arbitrator, MatchWise.com shall be entitled to take legal action in the appropriate state or federal court. All legal costs and fees associated with such an action shall be borne by the party who loses the legal suit and is judged responsible to pay the other party damages.

Complete Agreement

This Agreement contains the entire agreement between Member and MatchWise.com regarding the use and terms of the Service. Unless otherwise explicitly stated, the Terms will survive termination or discontinuance of your membership to the Service. If any provision of this Agreement is held invalid or illegal, the remainder of this Agreement shall continue in full force and effect.

(Revised 2/4/06)