Terms Of Use

1. Acceptance of Terms; Modifications. FA Match, LLC ("we," "us" or "FA Match") provides the www.famatch.com web site (the "Site") on the condition that you accept the following terms and conditions (the "Terms"). Please carefully read the Terms because, by using the Site, you agree to be bound by the Terms, including our Privacy Policy. If you do not agree to the Terms, you may not use the Site. We may change the Terms in our sole discretion by posting an updated version of them on the Site, and the updated Terms will become effective immediately upon posting. By continuing to use the Site after we post updated Terms, you agree to be bound by the updated Terms.

2. Privacy Policy. Please carefully review our Privacy Policy, which is a part of these Terms.

3. Permitted Use. You may not use the Site for any purpose that violates: (A) these Terms; (B) applicable law; (C) any other agreement between you and us; or (D) our rights of the rights of any third party.

4. Ownership of Content. The Site's contents are owned by or licensed to FA Match. You may not: (A) copy, distribute, modify, publicly display or perform, resell, or in any way exploit the Site or any of its contents (including computer-program code) except as expressly described in these Terms; (B) engage in data mining, harvesting, or any other systematic collection or extraction of content from the Site; (C) modify or alter content from the Site that is permitted to be printed or downloaded from the Site; (D) use any content from the Site in a manner that attributes a false or misleading statement to FA Match or any third parties; (E) submit, upload, post, transmit, or otherwise make available any User Content (as defined below) or other information that is unlawful, false, tortious, defamatory, vulgar, explicitly sexual, obscene, libelous, threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or other characteristics or otherwise objectionable or inappropriate; (F) submit, upload, post, transmit, or otherwise make available any User Content or other information that you do not have the right to submit or that violates another party's rights or applicable law; (G) send any unauthorized, unsolicited, junk, spam or bulk email or advertising; (H) submit, upload, post, transmit, or otherwise make available any User Content or other materials that contain any computer code, file or program designed to interrupt, corrupt, destroy or otherwise interfere with or limit the functionality of any software, hardware or equipment or make any authorized transmission or cause any other effect that might reasonably be considered undesirable; (I) interfere with or circumvent any payment process or secure transmission on the Site; or (J) "frame" the Site or any of its contents or copy portions of the Site to a server, except as part of an Internet service provider's incidental caching of web pages. We reserve the right in our sole discretion to block access to the Site at any time if we suspect that you have not complied with these Terms or for other reasons that we determine 2 in good faith are necessary or appropriate. We are not liable to you for any loss or damage that may result from any refusal to provide you access to the Site or any portion of it.

5. Related Offerings. The Site may include links to other web sites and display offerings from other web sites. Any information you share with, or actions you take on, other web sites are governed by those web sites' terms of use and privacy statements, which you should review to learn about their practices. FA Match and its affiliates have no responsibility whatsoever in connection with your purchases or activities on those web sites.

6. Additional Services. From time to time, we may engage third-party service providers to offer additional services. You will be subject to each service provider's terms of use and privacy policy in order to access their services. You may also be able to opt in to have your information shared with us, in which case we will treat your information in accordance with our Privacy Policy.

7. Material Provided by You and Other Users. The Site may allow you to submit and share information, text, data, images, photographs, and other works of authorship (collectively, "User Content"). The term "User Content" includes, without limitation, any information you provide to us in connection with your registration on the Site and any member profile you create under an account with a third-party (such as Facebook and other social media providers), to the extent that you use said member profile in connection with the Site. If you submit User Content to the Site, you grant us an irrevocable, non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sub-license the rights to others) to reproduce, distribute, create derivative works of, and publicly display and perform User Content in whole or in part in any media now known or later developed; to use the names, likenesses, voices, and other information you submit as part of User Content; and to identify User Content with our description or additional information. When you submit User Content, you represent, warrant, and covenant that: (A) the User Content is accurate in all respects; (B) you have the right to submit the User Content; (B) you have obtained all rights and consents necessary to grant this license; and (C) the User Content does not and will not violate any third party's copyright, trademark, patent, trade secret, right to privacy or publicity, or any other proprietary, personal or other right of any kind. You irrevocably release FA Match from all claims that you have or may ever have arising out of any use of User Content you submit and any use of your name, likeness, or other identifiable traits in connection with User Content. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." If you reside in any other jurisdiction that places similar restrictions on a general release, you waive those restrictions to the maximum extent permissible under applicable law. 3 We have the right to delete, modify, or supplement User Content and to prohibit you from submitting User Content at any time for any reason without notice to anyone. You are solely responsible for any User Content that you submit to the Site. We do not endorse or adopt any User Content. We have no obligation to pre-screen, verify, monitor, edit, supplement, or delete User Content. We are not responsible for any failure or delay in removing User Content that does not comply with this Agreement.

8. Notice and Procedure for Making Claims of Copyright Infringement. We respect the copyright and other proprietary rights of third parties. However, we cannot monitor all material posted on the Site. If you believe that any material posted on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below. A notice of infringing material that complies with 17 U.S.C. § 512(c)(3) ("Notice") must be sent to the agent we have designated with the Copyright Office: info@famatch.com PLEASE NOTE: This address serves solely to receive notices of claimed infringement on the Site. Other messages or inquiries sent to this address will receive no reply. When we receive a Notice, we may remove the identified material and make a good-faith effort to inform the user who posted the allegedly infringing material (the "Alleged Infringer") of the Notice and subsequent removal. The Alleged Infringer may then provide us with a counter-notice ("Counter-Notice") that the initial infringement Notice was erroneous. Such Counter-Notice must comply with 17 U.S.C. § 512(g)(3). Upon receipt of a compliant Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Site.

9. No Advice. The information on the Site, including information provided by other users, is made available for general informational purposes only. It should not be construed as legal, educational, employment, financial, medical, or other professional advice (or a substitute for them). If you need professional advice or services, you should consult a qualified person in the relevant field.

10. Indemnification. You hereby agree to indemnify (and, if requested, defend) FA Match and its directors, members, managers, officers, employees, and agents against any losses, liabilities, damages, expenses and costs (including reasonable attorneys' fees) that any of them may incur arising out of, or alleged to arise out of: (A) your acts or omissions in 4 connection with your use of the Site in any way; (B) your violation of these Terms; or (C) your breach of any representation, warranty, covenant or obligation in these Terms.

11. Disclaimer of Warranties. THE SITE AND ALL PRODUCTS, SERVICES, AND CONTENT ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU USE THE SITE AT YOUR SOLE RISK. FA MATCH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT; OR WARRANTIES THAT ANY PART OF THE SITE (OR ANY PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH IT, INCLUDING CONTENT FROM OTHER SITES DISPLAYED ON THE SITE) WILL BE UNINTERRUPTED, ERRORFREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY; OR THAT ANY CONTENT IS SAFE FOR DOWNLOAD OR SUITABLE TO BE RELIED ON FOR ANY PURPOSE. FA MATCH EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM ANY PERSON'S RELIANCE FOR ANY PURPOSE ON INFORMATION AVAILABLE ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE. IN SOME JURISDICTIONS, PORTIONS OF THESE DISCLAIMERS MAY NOT APPLY. ALTHOUGH FA MATCH INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF COMPUTER VIRUSES OR OTHER MALICIOUS CODE TO THE SITE, FA MATCH AND ITS AFFILIATES DO NOT GUARANTEE OR WARRANT THAT THE SITE IS FREE FROM DESTRUCTIVE FEATURES AND ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

12. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FA MATCH SHALL NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, STATUTORY, OR SIMILAR DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSS (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NO MATTER IF THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY), RESULTING FROM OR ARISING OUT OF: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE PRODUCTS, SERVICES, OR CONTENT ASSOCIATED WITH THE SITE, INCLUDING CONTENT FROM OTHER SITES DISPLAYED ON THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION OR DATA TRANSMISSIONS; OR (D) ANY OTHER MATTER RELATING TO THE SITE. IN SOME JURISDICTIONS, THIS LIMITATION OF LIABILITY OR PORTIONS THEREOF MAY NOT APPLY TO YOU.

13. Access from Outside the United States. FA Match expressly disclaims any representation, warranty, or covenant that the Site or any of its contents are appropriate or will be available 5 for use in locations outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with applicable law. You may not access the Site from any location where doing so would be illegal.

14. Governing Law. These Terms and any dispute related to the Site are governed by the laws of the Commonwealth of Massachusetts applicable to agreements made and wholly performed there. By using the Site, you hereby irrevocably (1) submit to the personal and exclusive jurisdiction of the federal and state courts located within the Commonwealth of Massachusetts for the resolution of any dispute arising out of these Terms or your use of the Site and (2) waive any objection to that venue based on an inconvenient forum or other reasons.

15. General Provisions. Nothing in these Terms may be deemed to create an agency, partnership, joint venture, employee-employer similar relationship of any kind between FA Match and any user or other person or entity, nor do these Terms extend rights to any third party. The failure of either party to assert any right under these Terms will not be considered a waiver of that party's right, which will remain in full force and effect. These Terms, including the Privacy Policy, constitute the entire agreement and supersede all other agreements (oral or written) between you and FA Match regarding your use of the Site. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give the fullest permissible effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms shall remain in full force and effect, if doing so does not deprive either party of a material benefit under these Terms. You may not assign your rights under the Terms without FA Match's prior written consent, and any attempted assignment in violation of this provision is null and void. FA Match may assign these Terms and transfer any of its rights or obligations at any time for any reason.

16. Report of Unauthorized Use. Please report any violations of these Terms to us at info@famatch.com. We reserve the right to report any unauthorized use of the Site to appropriate authorities.

17. Contact Us. If you have questions or concerns about these Terms or the Site, please contact us at info@famatch.com.