Effective Date: January 1, 2024
Below you will find Matchable's terms and conditions and information about our cookie and privacy policies. We know we are giving a great deal of information. Matchable does this for a reason: we want you to have as much knowledge about what we do for you at Matchable as is possible. We do not want you to wonder about any of our processes or procedures or guess as to what your interaction with Matchable means. We want you to understand it, which is why we must explain it in detail. We urge you to read these terms or any section of interest to you. You are agreeing to proceed under them.
Last Updated: February 12, 2024
The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”), and by individuals and/or organizations seeking to participate in the Matchable Publisher Program (“Publishers”). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose.
Except as otherwise provided below, Matchable does not act as an employment agency, or any other type of agent, by providing the Site or its tools. Matchable provides the Site solely as an independent contractor and does not have authority to act or make employment decisions on behalf of Employers or Job Seekers. Nothing in this Agreement or on the Site should be construed as creating an agency relationship between us and Employers.
If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement.
Matchable may reject, remove, or limit visibility to any User Content (as defined below), and Matchable may disable any account or restrict your ability to use all or parts of the Site, for any or no reason without notice. Although Matchable may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
For purposes of this Section A of the Matchable General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use Matchable’s Site and its content solely for non-commercial purposes.
By creating a searchable profile through the Site or uploading a file license on the Site (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing Matchable to make available Your Resume to anyone accessing our Site, such as Employers that Matchable believes may have an interest in Your Resume, users of Matchable’s Resume Search Program, or anyone with access to the URL associated with your searchable resume. We offer you the option to make Your Resume searchable on Matchable to help you find a job. You are responsible for keeping Your Resume accurate and up-to-date.
To mitigate fraud, Matchable may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your Matchable Profile, Your Resume, or application, and may substitute it with an alias. Matchable makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in Matchable’s sole discretion. Matchable may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. Matchable reserves the right to limit your ability to set Your Resume to Searchable, and may toggle a public resume to Not Searchable, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in Matchable’s discretion. Matchable makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of the Matchable Resume database will be available to an Employer at any particular time.
Job matches are recommendations which may be presented to both you as a Job Seeker and to Employers in various formats on the Site. To generate matches, Matchable uses data collected through our assessment rom both Employers and Job Seekers. You agree and consent that Matchable may use this information to present potential matches to you and to potential Employers.
Matchable may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your Matchable account.
When you view, send, store or receive communications or materials (including Job Listings, resumes, messages, text messages, applications, questions and responses in applications, and any other information) on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Matchable policies, content moderation, and to improve the Site or any other Matchable product or service whether via automated means or otherwise. If you disagree with any part of these terms, do not use the Site.
When an Employer views, sends, stores or receives communications or materials through or using the Site, Matchable may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. Matchable may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on Matchable, and you hereby consent to Matchable taking such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, Matchable Apply, Matchable Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through Matchable. Matchable disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Matchable may offer you the opportunity to receive a text message interview reminder from Matchable when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the Matchable consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. Matchable will only send you text message reminders for your interviews, and you agree to accept such text message reminders on your cell phone, including messages sent by automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. Matchable only calls the number that you generated and stored when you provided your number to Matchable. In the event you change your phone number, you agree to promptly update your Matchable account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with Matchable and that Matchable may send you text messages in connection with that relationship.
If you have turned on browser push notifications and wish to turn them off, you may do so by visiting the settings on your browser. If you have turned on mobile push notifications and wish to turn them off, you may do so through your mobile device.
Matchable Hiring Platform is a platform designed to streamline Employer hiring and employment decision- making processes Employers may offer you the opportunity to participate in hiring activities. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES Matchable AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF Matchable HIRING PLATFORM OR SIMILAR PRODUCTS. Matchable DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Matchable has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that Matchable is not an employment agency. By using Matchable Hiring Platform, you understand that Matchable is not procuring employees for Employer or opportunities for Job Seekers. Matchable merely provides Matchable Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere. Despite the application of Irish law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
By using the Site or any Program Elements (defined below) and in return for the services offered by Matchable, you acknowledge that Matchable can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue Matchable as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Matchable regarding your use of the Site. Additionally, as a Job Seeker, you acknowledge that your use of job search, Matchable Apply, and other free services on the Site is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 13 above.
Job matches are recommendations which may be presented to both you as an Employer and to Job Seekers in various formats on the Site. For example, Matchable may recommend Resumes which match Job Ads you have posted, or recommend Job Ads to Job Seekers which are similar to jobs to which they have recently applied. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).
You agree and consent that Matchable may use this information to present potential matches to you and to potential Job Seekers.
You will be charged as indicated by the Site.
By providing your credit card, bank account, or other payment method information to Matchable, you authorize Matchable to charge or debit that payment method for fees owed to Matchable for services purchased, pursuant to the terms associated with any Matchable service you are using and any other agreement with Matchable for purchase of services.
By providing your bank account information and signing up for direct debits from Matchable, you authorize Matchable to use ACH to debit the bank account specified for any amount owed for charges arising from your use of Matchable’s services and/or purchase of products from Matchable, pursuant to these terms, until this authorization is revoked.
Details regarding the subscription or plan are available on the Site at the time of purchase. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and Matchable will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. These charges to your credit card or debits to your bank account will be made to the payment method chosen by you.
Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE SUBSCRIPTION PLAN. AMOUNTS FOR FUTURE PREPAID UNUSED BILLING CYCLES MAY RESULT IN A PRORATED REFUND OF THE UNUSED BILLING CYCLES, WHICH SHALL BE DETERMINED IN Matchable’S SOLE DISCRETION. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
Invoices may be provided to you via electronic mail, unless otherwise specified by Matchable. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Matchable product, Matchable reserves the right to suspend or terminate your use of that Matchable product as well as any other Matchable product, including but not limited to those Matchable products where you do not have an unpaid invoice or account balance. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card or bank account dispute rights).
Any credit card, bank account information, and related billing and payment information that you provide to Matchable may be shared by Matchable with companies who work on Matchable’s behalf, such as payment processors and/or credit agencies, for the purposes of verifying your account, checking credit, effecting payment to Matchable, and servicing your account. Matchable may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Matchable may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third party sources. Matchable may use the updated card and bank account information to charge amounts you owe. Matchable shall not be liable for any use or disclosure of such information by such third parties. If your Matchable account has a credit card or bank account on file for one Matchable service, we will charge that same payment method for other purchases unless otherwise indicated by you.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Matchable party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Matchable party identified in the first paragraph of this Agreement with respect to such new territory.
If your Matchable account has a credit card or other payment method on file, such as bank account information for ACH payment, Matchable may charge that payment method for any products or services you order, and for any other outstanding payments, including to correct billing errors.
Charges are exclusive of all taxes and VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Matchable incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and Matchable shall have no liability whatsoever therefor. If you are in Japan, Japanese consumption tax will apply on the import of all Matchable products and services.
Except as otherwise provided in this Agreement, Matchable may offer refunds for Matchable services for a period of four (4) months from the date of purchase. Notwithstanding the foregoing, Matchable will not provide refunds in case of abuse of our policies, and any and all refunds are ultimately at the sole discretion of Matchable.
You agree to pay (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10%, or the maximum interest permitted by law, whichever is lower, and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Matchable incurs collecting late payments.
THE FOLLOWING TERMS OF USE SHALL GOVERN YOUR USE OF THE MYMATCHABLE.COM WEBSITE ("SITE") AND ALL SERVICES OFFERED THROUGH THE SITE. PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE SECTION BELOW TITLED DISPUTE RESOLUTION, WHICH DESCRIBES HOW DISPUTES BETWEEN US SHALL BE HANDLED BY MANDATORY ARBITRATION AND NOT IN COURT
Acceptance of Terms of Use. This Agreement is an electronic contract that sets out the legally binding terms ("Terms") of your use of the Site and the wine subscription service available to you on the Site ("Service"). Each time you use the Site and Service, you signify that you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Site and terminate your use of the Services. The Site is owned by Matchable, LLC. and all references to "us," "our,” or "we" will be deemed to mean Matchable.
Matchable is a monthly subscription that matches you with your best beauty fit based on your individual preferences. This might be your fit for a hairdresser or other beauty professional, your fit for a job, or your fit for an employee. At anytime that a new match meets your criteria, you will be automatically alerted to the match.
We currently accept all major credit cards for payment. The credit card you provide for your subscription will be charged monthly on your renewal date. If the issuer of your card refuses to or does not, for any reason, authorize payment to us, we will not be liable to you for any delay of matches. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE AND AUTHORIZE CHARGES TO ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH YOUR SUBSCRIPTION. By submitting such information, you grant us the right to provide such information to third parties for purpose of facilitating the completion of transactions authorized by you. We reserve the right, but not the obligation, to update information regarding your card, such as an updated card number or expiration date, utilizing one or more third party services.
YOU MUST PROMPTLY NOTIFY US IF YOUR CARD CHANGES, IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR PAYMENT CARD, EMAIL ADDRESS OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR PAYMENT CARD, UNLESS WE HAVE KNOWLEDGE THAT YOU HAVE TERMINATED YOUR MEMBERSHIP IN THE SERVICE.
Members can manage subscriptions and payments from your profile-settings-subscriptions. To avoid missing potential matches, consider reducing your subscription to the Grow plan.
Each new member is eligible for one free connect per salon. Maintaining multiple accounts to continue receiving introductory discounts is strictly prohibited. Further, our subscription program is intended for each individual stylist, consumer, or salon location. If we learn or believe that any person or entity has or may violate these Terms including, but not limited to, using one account to service multiple locations or individuals, we, in addition to any rights to which we may be entitled in law or equity, reserve the right to cancel any subscriptions and/or accounts without any liability.
Discounts are offered at the discretion of Matchable. Any discounts or coupons are non-transferrable, may not be bartered or sold, may not be used in conjunction with any other offers or used more than once, and are not applicable to successive accounts if a member signs up for multiple subscriptions. Discounts or coupons are not applicable to gift subscriptions. Discounts are applicable to the first time subscriber. Additional add-ons or upgrades purchased after sign up and are not eligible for this discount.
Matchable does not have any rewards programs at this time.
When you opt-in to our SMS service, Matchable will send you a text message to confirm your signup. Message frequency varies. If you opt into Marketing messages, you will receive marketing and promotional messages including cart reminders. If you opt into Updates messages, you will receive order updates, account alerts, and other account-related information. Both services will be sent from Matchable via text messages through your wireless provider to the mobile number you provided. Texts may be sent using an automatic telephone dialing system.
Message and data rates may apply for any messages that we send to you or that you send to us, depending on the text plan and/or data plan you have with your wireless provider. If you have any questions about your text plan or data plan, contact your wireless service provider. Your privacy will be protected and your information will not be shared. If you have any questions regarding privacy, please read our privacy policy found on our website.
You can cancel our SMS service at any time. Just text "STOP". After you send the text message "STOP" to us, you'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Matchable mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support email Info@mymatchable.com SMS consent is not a condition of purchase.
Matchable is able to deliver messages to the following major mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Bright Cellars is able to deliver messages to the following minor mobile carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Neither Matchable nor Carriers are liable for delayed or undelivered messages
ALL DISPUTES OR CONCERNS REGARDING OUR SMS COMMUNICATIONS SHALL BE HANDLED AND RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION SECTION BELOW.
The Site and all material published on the Site, including but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, is owned by Matchable or its licensors and is protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the United States copyright laws. Matchable and its logos are trademarks of Matchable and are protected by state and federal laws. All other trademarks appearing on this Site ("Marks") are trademarks of their respective owners. Users are prohibited from using any Marks without the written permission of Matchable or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit any of the content, in whole or in part, without Matchable' prior written consent. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us, or the copyright holder identified in the copyright notice contained in the content.
No License Granted. Except for allowing you to use the Site and Service for your personal use as set forth in the paragraph above, when you use the Site or Service, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Matchable. You understand that you have no rights to the Service or any other Matchable property except as indicated in these Terms.
You must be at least 16 years old or the age of majority in your state of residence, whichever is older to use the Service.
You may be able to access other websites or resources through links on the Site. Because Matchable has no control over such sites and resources, you acknowledge and agree that Matchable is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. You further acknowledge and agree that Matchable shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold Matchable, and its affiliates, business partners, and suppliers and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Service and in connection with a third-party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law, or the rights of any third party.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE, ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MATCHABLE AND ITS AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS, MAKE NO WARRANTY THAT THE SITE OR SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT YOUR USE OF AND ACCESS TO THE SERVICE MAY BE AFFECTED BY THIRD PARTY ACTS AND OMISSIONS THAT ARE BEYOND MATCHABLES’ AND ITS AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS CONTROL, AND THAT SUCH PARTIES WILL NOT BE RESPONSIBLE FOR YOUR ACCESS TO OR INABILITY TO USE THE SERVICE DUE TO SUCH THIRD-PARTY ACTIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIGHT CELLARS AND ITS AFFILIATES, BUSINESS PARTNERS AND SUPPLIERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRIGHT CELLARS OR ITS AFFILIATES, BUSINESS PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF BRIGHT CELLARS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MATCHABLES'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MATCHABLES'S OR ITS AFFILIATES’, BUSINESS PARTNERS' OR SUPPLIERS' AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
Matchable may suspend or terminate your subscription and your access to the Site or the Service, in whole or in part, at any time, immediately and without notice if, at Matchables' sole discretion, you fail to comply with any of these Terms of Use.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
General. In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, subject to the Exceptions set forth in sub-section B below, you and we agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Services, including without limitation, your receipt of text messages from us or our service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, or your receipt of text messages from Matchable or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND BRIGHT CELLARS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT DISPUTES SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding subsection (A) above, nothing herein will be deemed to waive, preclude, or otherwise limit the right of you or Matchable to: (i) bring an individual (non-class) action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim. In such case, any such action will be governed in all respects by the laws of the State of Ohio, without regard to any conflict-of-law provisions and brought, heard and resolved by a state or federal court located in Franklin County, Ohio, USA and the parties agree to submit to the personal jurisdiction of such courts for such purpose.
Arbitrator. Any arbitration between you and Matchable will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Matchable. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Matchable intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Matchables address for Notice is: 3725 Broadway Grove City Ohio 43123, Attn: Stefanie Fox. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Matchable will make good faith efforts to resolve the claim directly, but if you and Matchable do not reach an agreement to do so within 30 days after the Notice is received, you or Matchable may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Matchable must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. If you commence arbitration, Matchable will reimburse you for your payment of the filing fee, unless your claim is for more than $1500 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $1500 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bright Cellars for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Matchable agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Matchable made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND MATCHABLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Matchable agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in this Dispute Resolution Section, if Matchable makes any future change to this Section, other than a change to Matchableaddress for Notice, you may reject the change by sending us written notice within 30 days of the change to Matchable address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Matchable.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of this Section is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of this Section shall remain in full force and effect.
These Terms and policies incorporated herein are the entire agreement between you and Matchable. They supersede any and all prior or contemporaneous agreements between you and Matchable relating to your use of the Site or the Service. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of Matchableto exercise any rights partially or fully, or the waiver of Matchable of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Matchable or be deemed a waiver by Matchable of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Matchable under these Terms and any other applicable agreement between you and Matchable shall be cumulative, and the exercise of any such right or remedy shall not limit Matchables' right to exercise any other right or remedy.