TERMS OF USE AND PRIVACY AGREEMENT Definitions "Agreement" means this Terms of Service Agreement, as the same may be amended, modified or supplemented from time to time; "Member" means a User of a website operated by matchedbyali.com who has registered for an account by submitting the required personal information and created a profile; "Privacy Statement" means the Privacy Statement posted on matchedbyali.com "Registration Information" means any data entered into a website form on an matchedbyali.com website; "Service" means the matchmaking services provided by or any other website operated by matchedbyali.com; "User" means any individual user of a website operated by matchedbyali.com. “You” refers to the user of this website and its related services, and as such you have gained the right to use this website by respecting the applicable Terms of Use described in detail below. matchedbyali.com (Matched By Ali) is the exclusive owner and operator of matchedbyali.com (the website). As used in this Agreement, "we" and "us" means Matched By Ali or any successor or assign of Matched By Ali. “Service(s)” refers to your use of matchedbyali.com for any purpose whatsoever. OVERVIEW This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the matchedbyali.com website and all services offered by matchedbyali.com. By completing the subscription process you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records. We reserve the right, at any time, to change or modify the terms and conditions applicable to your subscription. Such changes will become effective upon notification, which we may effect by sending you notice by email and posting a revised Agreement on this website, which you can access at any time using the "Terms of Use" link. Your continued use of our service after notification of such a change has been sent It shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions. ELIGIBILITY You must be 18 years of age or older to visit or use this website in any manner. By visiting matchedbyali.com or accepting these Terms of Use, you represent and warrant to Matched By Ali that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Matched By Ali that you will use this website in a manner consistent with any and all applicable laws and regulations. matchedbyali.com is a matchmaking service for Jewish "single" adults seeking to connect with other Jewish "single" adults. Members shall disclose their religious affiliations as part of their registration. Members misrepresenting their religious affiliation shall be permanently prohibited from using any website operated by Matched By Ali. Furthermore, the provisions of this Agreement shall survive any termination of this Agreement pursuant to this Paragraph. USER AGREEMENT This Agreement constitutes your agreement with Matched By Ali with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. RIGHT TO USE Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. CODE OF CONDUCT You agree to use the Service in accordance with the following Code of Conduct: a. You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; b. You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, Any abusive or defamatory statements, or racist, pornographic, obscene, or offensive language; c. You will not forward chain letters through the Service; d. You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; e. You will not post messages, pictures or recordings or use the Service in any way which I. Violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or ii. Is fraudulent or otherwise unlawful or violates any law; and f. You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. g. You will not use the Service to distribute or up load any virus, Trojan horses or do anything else that might cause harm to the Service, Matched By Ali systems or to other members' systems in any way. h. You will not post or transmit in any manner any contact information including, but not limited to, email addresses, "instant messenger" nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information. i. You will not cause the Service to be accessed through an automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity, which does not place an unreasonable burden on the Service. j. You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application, which merely displays the pages of the Service in their entirety without modification or reformulation of content. k. You agree to be responsible for your interactions with other members on this site. You agree that Matched By Ali is not responsible or liable for material posted by other members or third parties. You agree that you are responsible to investigate members to determine if they are actually using the site, legitimately, for matchmaking purposes. We strongly recommend you to be cautious; remain skeptical of any members prior to getting to know them and verifying their background. MONITORING OF INFORMATION We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit networkadvertising.org. REMOVAL OF INFORMATION While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service. TECHNICAL MALFUNCTION: Users agree that Matched By Ali shall have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Matched By Ali TERMINATION OF ACCESS TO SERVICE We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies. PROPRIETARY INFORMATION The Service contains information, which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information. NO RESPONSIBILITY You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Although each User must agree to these terms and conditions, Matched By Ali cannot Guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability of any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Service and that a User may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about Users due to each such Users use of the Service. Those others may use such information for purposes other than that intended by the User who posted the information. Matched By Ali is not responsible for the use of any personal information that a User chooses to disclose on the Service. SECURITY Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party. EXTERNAL LINKS The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any material or content distributed by Matched By Ali constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY You understand and agree that you use Matched By Ali and its related services at your own risk. Matched By Ali services are provided on an "as is" basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of Exclusion under law. Matched By Ali provides on-line personal matchmaking services and tools to singles and other similarly interested individuals, as well as forums for discussion and commentaries to subscribers through the Matched By Ali website and other means of distribution. Matched By Ali does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on Matched By Ali. Due to the number of sources from which content distributed by Matched By Ali is obtained, there may be delays, omissions or inaccuracies in such content. You acknowledge that use of the service is at your own risk. we do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the service by Matched By Ali, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement, or any subsequent modifications. You hereby acknowledge and agree that under no circumstances will Matched By Ali, its officers, directors, employees, agents and third party content providers or third party related partners/matchmakers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by Matched By Ali as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the Matched By Ali service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the Matched By Ali website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether Matched By Ali has been advised of the possibility of such damages. Some jurisdictions limit the availability of such limitation of liability, in which case the provisions of this section may not apply to you. Notwithstanding the foregoing, in no event shall our liability exceed the sum of $100.00 Canadian dollars. Opinions, advice, statements, offers, or other information or content made available through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MATCHED BY ALI DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, 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 ON MATCHED BY ALI WEBSITE. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS. MATCHED BY ALI RESERVES THE RIGHT, BUT SHALL HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. MATCHED BY ALI SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN ITS SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW. INDEMNITY You hereby agree to indemnify, defend and hold harmless Matched By Ali and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Matched By Ali reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to give up or forfeit your right to open a case, file a dispute, claim or complaint against Matched By Ali Introductions Services Inc. on PayPal for any or all moneys paid to Matched By Ali toward services in progress or that have been rendered as per PayPal buyer guarantee dispute policy and for any and all other reasons. Matched By Ali reserves the right to use this disclaimer as compelling evidence that you are in agreement NOT to open a case against Matched By Ali and to NOT open a case, or file a dispute and accept that there are absolutely NO Refunds from Matched By Ali Introduction Services Inc. for any and all Membership fees paid by the buyer on PayPal website. MISCELLANEOUS This Agreement represents the entire agreement between you and Matched By Ali regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the Province of Ontario, Canada. As a condition of using Matched By Ali services, each user agrees that any and all disputes and causes of action arising out of or connected with Matched By Ali, shall be resolved through arbitration, with such arbitration to be held in Toronto, Ontario, Canada. Additionally, except where prohibited by law, as a condition of using Matched By Ali services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Matched By Ali must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sub licensable without the prior written consent of Matched By Ali. Matched By Ali may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted
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